Reckless or Furious Driving

You have the right to contest a speeding ticket under section 24A of the Fines Act 1996 (NSW). To initiate this process, you can submit a review request through the myPenalty platform on the Revenue NSW website. It’s essential to make this request before the due date on the penalty notice. Eligibility for review depends on either an error in the fine or exceptional circumstances related to the offence. If the review request is denied or you disagree with the outcome, you can defend your case in the Local Court.
However, if you have been charged with reckless or negligent driving and provided with a Court Attendance Notice by the police, your recourse is to contest the charge at court. You will have the chance to present your evidence at a Hearing where the Magistrate will assess the evidence and determine whether you are found guilty or not guilty for the offence.

In New South Wales (NSW), reckless driving involves a deliberate and conscious disregard for road safety, often characterized by aggressive and dangerous actions such as high-speed driving or street racing. Penalties for reckless driving are severe and can include substantial fines, license suspension, and even imprisonment for serious cases.

In contrast, negligent driving results from a failure to exercise reasonable care and caution while driving, typically arising from momentary lapses in judgment or unintentional violations of traffic rules. Penalties for negligent driving are generally less severe and may include fines, demerit points, and, in some cases, license suspension.

Seek legal representation immediately, as these charges can result in significant penalties, including license suspension and imprisonment.

To avoid a conviction can vary significantly depending on the nature of the offence and the specific circumstances of your case. Consulting with an experienced traffic lawyer is crucial to developing an effective defence tailored to your situation.

When you’re faced with charges, the decision to plead “guilty” or “not guilty” is a crucial one. Opting for a “not guilty” plea allows you to challenge the allegations in court and assert your innocence.

It’s important to understand that for the court to find you “guilty” of reckless driving, the prosecution must prove two key elements beyond a reasonable doubt:

1. You were operating a vehicle on a public road.
2. Your driving posed a significant risk of physical harm to other road users or property.

In cases where reckless driving charges are based on excessive speed, the police must also demonstrate that your actions compromised someone else’s safety, such as a passenger or another road user. Merely proving that you were driving at an excessive speed is insufficient.

The court considers various factors related to the offence when determining whether your driving was reckless. This includes the road’s condition, traffic presence, pedestrians, and your driving behaviour.
If you’re unsure about the prosecution’s ability to prove these crucial elements beyond reasonable doubt, our experienced criminal and traffic lawyers can offer advice on potential strategies to challenge the charges.
We’ll communicate with the police, presenting your perspective and identifying weaknesses in their case. Oftentimes, we can achieve early dismissal of charges based on these grounds.
For example, you may argue that your driving wasn’t dangerous, or that your actions were justified given the circumstances.
Furthermore, we can help you raise any available defences to explain or justify your actions. This may include situations where you were coerced into reckless driving (duress), drove recklessly to avoid serious danger (necessity), or reasonably misunderstood road rules or speed limits (reasonable mistake of fact).
At KPT Defence Lawyers, our lawyers have a track record in obtaining the most lenient outcomes for traffic offences and possess the knowledge to guide you through your reckless driving matter.

If you choose not to contest the charges in court or if you acknowledge your involvement in the alleged actions, you have the option to enter a guilty plea.

Opting for an early guilty plea can have positive outcomes, as it shows the court that you’re accepting responsibility for your behaviour. This often leads the magistrate to consider a more lenient penalty than what a court conviction might result in.

By pleading guilty, you also save time and expenses associated with a hearing.

However, it’s wise to consult an experienced traffic lawyer before entering a guilty plea, as there could be ways to challenge the charges that may not be immediately apparent.

It’s important to be aware of the potential maximum penalties you might face if you decide to plead guilty.

These penalties depend on whether this is your first offence or if you’ve committed other “major traffic offences” within the last five years.

Considering the potential serious impact of these penalties on your work and travel, seeking skilful legal representation is crucial. At KPT Defence Lawyers, we are proud of our track record in achieving favorable outcomes for cases involving “furious or reckless driving,” even in serious charge situations.

In many instances, our specialised traffic lawyers have successfully persuaded magistrates to consider a section 10 dismissal or conditional release order. This means you are found guilty of the offence without having a conviction recorded on your criminal record, allowing you to maintain your driver’s license.

Possible court-imposed penalties include:

– Section 10 Dismissal
– Conditional Release Order
– Fine
– Community Correction Order
– Intensive Correction Order
– Prison