Charged with negligent, furious or reckless driving?
A charge of negligent, furious or reckless driving often turns on a short period of driving that police say crossed the line from a mistake into a criminal traffic offence. The surrounding road conditions, speed, traffic, witnesses and available footage can all matter.
How we can help you
We can reconstruct what happened from the police facts, footage, witnesses and your account, then explain whether the allegation should be defended or prepared for sentence. We also look closely at the licence consequences because they are often just as important to the client as the fine itself.
Before your court date
Keep your Court Attendance Notice, police facts and any licence or traffic-history material. Preserve dashcam, CCTV, photographs, messages and witness details that may assist in understanding how the driving occurred.
Early advice can help identify whether the alleged manner of driving is disputed and what evidence should be obtained before the matter progresses.
What police say happened
These offences sit on a spectrum. Negligent driving generally concerns a failure to take proper care, while furious or reckless driving involves more serious driving behaviour. The label police use is important because the penalties and licence consequences are different.
Negligent driving charges
Negligent driving occurs when a driver fails to take proper care. A basic charge is treated differently from a case where police allege that the driving caused grievous bodily harm or death.
Where serious injury or death is alleged, the available penalties increase significantly and imprisonment becomes a real possibility.
Furious or reckless driving charges
It is also an offence to drive in a furious or reckless manner, or at a speed or in a way that is dangerous to the public. This applies regardless of whether anyone is injured.
Furious or reckless driving is treated more seriously than ordinary negligence. The court can impose imprisonment, a fine and licence disqualification depending on the circumstances and your history.
What the court will look at
The court considers the driving in its full setting, including the road, traffic, visibility, hazards, speed, weather and what a reasonable driver should have done in those circumstances.
That is why footage, photographs, witnesses and the physical layout of the road can matter so much to the way the charge is defended or sentenced.
Defending the charge
A defence may involve disputing the alleged manner of driving, the factual assumptions in the police case or whether the prosecution can prove the particular offence charged. Dashcam, CCTV, witnesses and road or traffic conditions may be relevant.
These cases should be reviewed early because the evidence can change quickly. Footage may be overwritten, witnesses may become harder to locate and expert evidence may be needed where the manner of driving or the seriousness of an injury is disputed.
We can identify those issues early and decide whether the case should be defended, narrowed or prepared for sentence.
Preparing to speak with a lawyer
Have your Court Attendance Notice, police facts, traffic history and any available dashcam, CCTV or witness information ready. Tell us your next court date and any immediate licence issue.
Sources
Road Transport Act 2013 (NSW) — section 117 and related driving-offence provisions.
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
