What is Furious or Reckless Driving ?

There are two offences which relate to furious driving, one in the Crimes Act 1900 (NSW) and one in the Road Transport Act 2013(NSW). Police more commonly charge a person under the Road Transport Act 2013.

Case law/Jurisdiction
The offence under the Crimes Act 1900 (NSW) is a Table 1 offence which means the offence will be finalised in the Local Court unless the prosecution or person charged elects to have the matter finalised in the District Court.

The offence under the Road Transport Act 2013 (NSW) is a Summary Offence which means that it must be finalised in the Local Court.

What must the prosecution prove?

Since Furious or Reckless Driving offence is a criminal offence, the burden of proof lies on the Prosecution.

Our Traffic Lawyers Sydney (and elsewhere) always ensure the prosecution must prove each of the elements in the charge beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Furious or Reckless Driving.

To establish Furious or Reckless Driving, the prosecution must prove each of the following matters beyond reasonable doubt;

  • That you were driving a car; and
  • That you were doing so in a way which was furious, reckless or at a speed or in a manner dangerous to the public.

In respect of the offence under the Crimes Act 1900(NSW), the police must also prove that you caused bodily harm.

The Law

s 53 of the Crimes Act 1900 and states:

Whosoever, being at the time on horseback, or in charge of any carriage or other vehicle, by wanton or furious riding, or driving, or racing, or other misconduct, or by wilful neglect, does or causes to be done to any person any bodily harm, shall be liable to imprisonment for two years.

s 117(2) of the Road Transport Act 2013

A person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.

If you are charged with the offence of Furious or Reckless Driving what are your options?

National Criminal Lawyers have been successful in defending a number of Furious or Reckless Driving charges where the prosecution could not establish each of the elements of Furious or Reckless Driving. We have also achieved a number of non-convictions Furious or Reckless Driving.

NCL offer the following options for those who have been charged with Furious or Reckless Driving;

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Furious or Reckless Driving offence our Team at National Criminal Lawyers are well-versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact us for more information about your options.

Book A FREE Consultation

Make a Booking Online Now WE ARE HERE FOR YOU 24/7

BOOK A FREE CONSULTATION


WE ARE HERE FOR YOU 24/7

Contact Us Now

Contact Us Now!

"*" indicates required fields

Menu