Reckless Driving/Furiously or Speed/Manner Dangerous

If you have driven in a manner that is reckless such as speeding or have and have driven in a dangerous manner then you may be charged with driving recklessly. An example of this is speeding through traffic in a dangerous manner that could cause an accident. Section 117 of the Road Transport Act 2013 states a person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.

In order to be found guilty of reckless driving the prosecution must prove beyond a reasonable doubt that:

· You were driving the vehicle on a public road at the time of the alleged offence
· You were driving the vehicle in a reckless manner

If any of these elements cannot be proven beyond a reasonable doubt, then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge reckless driving, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence. It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive. Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The penalty for Driving Recklessly
The offence of for reckless driving carries a maximum penalty of 20 penalty units or imprisonment for 9 months or both (in the case of a first offence), or 30 penalty units or imprisonment for 12 months or both and a 5 year licence disqualification which can be reduced to a minimum of 2 years (in the case of a second or subsequent offence). This is a serious charge, our lawyers will come up with the best strategy for you and strive to achieve the best result.

Pleading Not Guilty

If you disagree with the reckless driving charge, then it is best you enter a plea of not guilty. Defences that can be used are:

• Duress- Where you threatened to drive the manner in which you did.
• Necessity- Where you drove in a reckless manner because you had to, in order to avoid injury or danger.
• Honest and reasonable mistake: Where you had genuinely mistaken the road rules or speed limit.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you were driving the vehicle on a public road at the time of the alleged offence, and you were driving the vehicle in a reckless manner. If the prosecution fails to prove these elements, then you will be found not guilty.