It is an offence under section 117 of the Roads Transport Act 2013 (NSW) to drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.
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|Automatic Licence Disqualification|
|First Offence||$2,200 and/or imprisonment for 9 months||12 months||3 years|
|Second or Subsequent Offence||$3,300 and/or imprisonment for 12 months||2 years||5 years|
During sentencing the court will have regard to:
- The nature, condition and use of the road
- The traffic at the time or as would reasonably be excepted
- Obstructions or hazards on the road
What is a “second or subsequent offence”?
A second or subsequent offence means that the offender has either been convicted of a previous offence of negligent driving within the past 5 years, or another earlier “major offence”, for example drink driving, in the past 5 years.
Will I Lose My Licence?
Upon conviction, your licence will be disqualified. There is no discretion for the magistrate to impose a period of disqualification less than the minimum period.
The only way to avoid a disqualification after being found guilty, or pleading guilty, is if the court deals with your matter by way of non-conviction. As with any offence, even after a finding of guilt a court can still decide not to record a conviction.
Should the court convict and disqualify you, the disqualification will commence at the time of conviction unless the court orders that it begins on a day specified by the court.
Will The Court Take Into Account My Need For A Licence?
Your need for a licence is a relevant factor in the sentencing process, and those who will suffer hardship should be in a position to provide evidence to the court proving that hardship. The court is also required to take into account the need to deter other members of the community from committing the same offence, and in many cases, the need to deter individual offenders from committing the same offence again.
Each offender will be sentenced in accordance with all of their relevant circumstances.
Depending on the circumstances of the case, there may be a defence for duress or self-defence.
For more about these defences, see our page on Defences.
For detailed advice about your matter, contact one of our traffic law specialists for a free initial consultation.