Driving furiously, recklessly or at a speed or in a manner dangerous is an offence where the criminality of the offending can vary greatly depending on what is alleged.
Our criminal lawyers are experts in all the defences to dangerous driving. If you intend to plead guilty our criminal lawyers have a proven track record of not only keeping our clients out of jail but also in having no conviction recorded for Dangerous driving charges.
We fight for you if you are charged with Dangerous driving because we know how unfair it is losing your employment because the court takes your licence away. We know that having a licence to travel to and from work means there is enough time to kiss your kids’ goodbye in the morning and tuck them in before bed. We believe that prison is always last resort.
How do I beat a charge of Driving furiously, recklessly or at a speed or in a manner dangerous?
You will be found not guilty of the offence of Driving furiously, recklessly or at a speed or in a manner dangerous if the police cannot prove beyond reasonable doubt:
- You drove a motor vehicle;
- Furiously or recklessly or at a speed or in a manner dangerous to the public; and
- On a road or road related area.
Reckless driving is not merely driving without due care and attention but driving in a manner that creates an obvious and serious risk of causing physical injury to any other road user or substantial damage to property. A reckless driver drives in such a manner without giving any thought to the risk or, having recognised that it exists, nevertheless takes the risk.
Driving at a speed or manner dangerous imports a quality in the speed or manner of driving which either intrinsically in all circumstances, or because of the particular circumstances surrounding the driving, is in a real sense potentially dangerous to a human being or human beings who, as a member or as members of the public may be upon or in the vicinity of the roadway on which the driving is taking place.
If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on sentence, and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
The maximum penalty for the offence of Driving furiously, recklessly or at a speed or in a manner dangerous is a fine of $2200.00 or imprisonment for 9 months or both (for a first offence). The minimum period of disqualification is 12 months and the automatic period of disqualification is three years unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving.
You can read about all the sentencing options that a court has, including having no conviction recorded.
What will my traffic lawyer do to prepare my case?
To prepare your case to the highest standard and speak on your behalf, evidence supporting submissions on the above factors are usually supplied to your traffic lawyer and then tendered to the court. Examples of evidence that may assist in an Appeal includes:
- Certificate of completion of the Traffic Offenders Program.
- References from employers, family members and health professionals stating why you have a need for a driver’s licence e.g. for work, to pick up and drop off children from school, a chronic back condition, etc.
- Employment contracts stating that having a driver’s licence is a condition of employment.
- Medical documentation about any medical conditions you or members of your family have.
- Trip planner documents showing geographic isolation or unavailability of public transport from your residential address to your place of employment.
- A letter of apology or affidavit stating what happened.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Find out more about how to write a good reference here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Dangerous driving offences, including no convictions. For these offences, a good lawyer can be the difference between a conviction and no criminal record, losing your licence or keeping it, and freedom or jail. To read more about Australian Criminal Law Group here.
Mr Correy was lawyer at Mount Druitt Local Court for an 18-year-old charged with Driving in a dangerous manner and Drive whilst disqualified. It was his fourth Drive whilst disqualified offence and the driving involved nearly running over a group of friends in a drag race. Mr Correy tendered a psychological report and made a section 32 application. He argued the 18-year-old had a history of depression that had been treated following his prior incident of offending. Mr Correy further argued that there had been a relapse in his mental condition following a tragic accident involving a family member. The Magistrate agreed there was a causal link between the offending and the depression. He dismissed the charge pursuant to section 32 and the 18-year-old was able to keep his licence.
Mr Correy represented a client charged with two police pursuits in a matter of weeks. The police pursuits were during the day and in an area where there were many people present. Mr Correy convinced the magistrate to give his client a good behaviour bond and one-year disqualification.
Joseph represented a driver who pleaded not guilty to the offence of police pursuit. The police alleged the pursuit was over a short distance Joseph argued that whilst the driver had been driving dangerously prior to the police commencing the pursuit. He stopped as soon as he could, following the police activating their sirens. It was argued that the delay in stopping was because it was unsafe to do so immediately. The Magistrate agreed and found Joseph’s client not guilty.
Australian Criminal Law Group represented a man charged with police pursuit. The car involved in the police chase was found dumped in a side street. Our client was found in close proximity to the car. Our solicitor argued that his presence in the vicinity of where the car was found was not enough to prove he was the driver. On the day of his hearing the magistrate dismissed the charge.