What is Furious or Reckless Driving?
It is an offence to drive in a furious or reckless manner or at a speed or in a manner dangerous to the public. These driving offences may be distinguished by the level of due care that was not present at the time that the offence occurred.
You may be charged with furious driving if the manner in which you drove would have endangered any other road user or passenger, regardless of whether anyone was present on the road at the time.
An offence of reckless driving involves a person who knowingly drives in a manner that creates an obvious and serious risk to other road users.
If you are charged with one of these offences, a court will take into account the following elements to determine if you were in fact driving in the alleged manner:
- The nature, condition and use of the road on which the furious driving allegedly occurred.
- The amount of traffic at the time of the incident.
- Any obstructions or hazards on the road.
What are the penalties for Furious or Reckless Driving?
If you are found guilty of reckless or furious driving in NSW, the possible penalties include prison.
|First major offence within 5 years|
|Maximum prison sentence||9 months|
|Second major offence within 5 years|
|Maximum prison sentence||12 months|
How severe is the charge against you?
All charges of driving in a negligent, reckless or furious manner are serious and come with significant penalties due to the risk of injury to others.
In your defence against a charge of furious or reckless driving, you may be able to argue that you were acting under duress or necessity, or that the police can’t prove that you were the one behind the wheel.
You may also be able to avoid a conviction under section 10 of the Crimes (Sentencing Procedure) Act. It is important that you seek legal advice as soon as possible, to maximise your chances of successfully defending the charge or arguing for a section 10.
Traffic Offender Intervention Program
If you’re in court on furious driving charges, undertaking the Traffic Offender Intervention Program can often result in a reduced penalty. This course provides education on appropriate driving skills and traffic rules, and the consequences of breaking them.
How can Nyman Gibson Miralis help you?
The consequences of being charged with furious driving in NSW are severe. If you have been charged, the advice of an experienced traffic lawyer can be the key to the lowest possible penalties in your circumstances. Contact us for assistance.