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.
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.
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;
- 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;
- NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
- 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
- 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
If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.
Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.
Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.
Under the Crimes Act 1900 (NSW) the maximum penalty for this offence is two years imprisonment.
Under the Road Transport Act 2013 (NSW) the maximum penalty for a first offence is 9 months imprisonment. There is also an automatic period of disqualification of 3 years with a minimum period of disqualification of 6 months.
If the offence is classified as a second offence the maximum penalty increases. An offence is classified as a second offence if the person has been convicted of a major traffic offence (such as a drink driving offence or drive while suspended offence) within the previous five years. The maximum penalty for a second offence is 2 years imprisonment. There is also an automatic period of disqualification of 5 years with a minimum period of disqualification of 2 years.
Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.
If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.
A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.
National Criminal Lawyers have defended thousands of people charged with Furious or Reckless Driving and are experts at these hearings.
Some of the possible defences available for those charged with Furious or Reckless Driving can include;
- To argue that you were not driving the car;
- To argue that the way in which you were driving the car was not furious or reckless;
- To argue that the way in which you were driving the car was not in such a speed or manner which was dangerous to the public;
- If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”;
- If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”;
- If you were defending yourself or another OR yours or another’s property you may have a Defence of Self-Defence; Or
- In respect of the offence under the Crimes Act 1900, to argue that you did not cause bodily harm.
The Courts are not bound by statistics however there must be reasonable consistency in sentences. A Magistrate or Judge should have regard to what has been done in other cases. In Green  HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ stated:
“Equal Justice” embodies the norm expressed in the terms “equality before the law”. It is an aspect of the rule of law.
For Furious or Reckless Driving (first offence) 32% of offenders received a s9 good behaviour bond whereas 32% received a fine.
In NSW, a court can impose any of the following penalties for a Furious or Reckless Driving charge.
- Prison sentence
- Home Detention
- Intensive correction order (previously periodic detention)
- Suspended sentence
- Community service order (CSO)
- Good behaviour bond
- Fine and/or
- Section 10
However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:
- Full time Imprisonment
- New ICO (ICO) with a home detention condition available
- New Community Correction Order (CCO)
- Fine and/or
- New Conditional release Order (CRO)
It was alleged that our client was speeding 211 km/h in a 110 km/h zone.
Our client was charged with drive recklessly, furiously or in a speed or manner dangerous; a charge that attracts a fine of $2200, or a period of imprisonment of nine months, or both. This offence also attracts an automatic license disqualification of three years and can be reduced to 12 months if a need for a license can be established.
Our client plead guilty to the offence. He instructed us that he required his license for work as an architect, and he was the principle of his own business. Further, he was a single father and had two children he would regularly drop off and pick up from school, and transport his children to sports training and medical appointments. His son suffers from bipolar.
Prior to the sentencing hearing, we advised, assisted, and worked hard with our client in gathering an array of materials to be used at his sentencing hearing to establish his need for a license, and to mitigate his penalty.
At the sentencing hearing, we made a lengthy submission on his behalf and tendered his documents to the Court.
Our submissions persuaded the magistrate not to record a conviction against our client. The police opposed to making of this order, especially considering the dangerous speed involved.
The magistrate nonetheless did not record a conviction, but placed our client on a good behaviour bond for a period of two years. The effect of this also meant that our client did not lose his license.
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 our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.