The offence of furious driving is legislated by section 42 of the Road Transport (Safety and Traffic Management) Act (NSW). There are serious penalties if you are convicted of this offence.
It is also a separate offence to cause injury to a person by furious driving.
The penalties
The court has the discretion to impose a number of penalties for the charge of furious driving. If you plead guilty (or are found guilty) the court has the discretion not to record a conviction against you and thus you will not be disqualified from driving. This is called a section 10 dismissal of the charge whereby you are found guilty but not convicted. The court will consider several factors in determining whether you are an appropriate candidate for a section 10 dismissal such as your driving record, your good character, your needs for a licence and your early plea of guilty.
If you plead guilty (or are found guilty by the court) and the court does not allow for a section 10 dismissal of the charge they must at least impose the minimum disqualification period which is 12 months for your first offence and 2 years for your second or subsequent offence. The court also has the discretion to impose fines, a gaol term and community service orders. The possible penalties are detailed in the following table:
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PENALTIES
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FIRST OFFENCE
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SECOND OR SUBSEQUENT OFFENCE
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Maximum court imposed fine
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$2,200
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$3,300
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Maximum gaol term
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9 months
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12 months
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Minimum disqualification
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12 months
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2 years
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Maximum disqualification
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Unlimited
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Unlimited
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Disqualification in the absence of a specific court order (automatic period)
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3 years
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5 years
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If you have been convicted of furious driving causing injury the maximum penalty is 2 years imprisonment.
Defending the charge of furious driving
There are a number of defences available to this offence. If you are successful in defending the charge this means you are found not guilty and no conviction is recorded against you. Such defences include:
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Duress,
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Necessity,
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Challenging the legitimacy of the charge on legal technicalities.
How can Prime Lawyers help?
Our criminal and traffic lawyers have a wealth of experience and knowledge in these matters. If you are pleading guilty to one of these charges we are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes.
If you wish to defend the charge our lawyers will carefully consider and investigate all aspects of your matter and if there are any flaws in the prosecutions case. We will advise you of your chances of successfully defending the matter. Our lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result. We also have access to some of the best criminal barristers and senior counsel in the country if they are required.
Please contact our firm on (02) 9521 2222 to speak with one of our lawyers today. Alternatively email your enquiry to us and we will contact you shortly.