The Reckless Driving Offence In Australia

January 12, 2023    Traffic lawyers Perth
The Reckless Driving Offence In Australia

If you are charged with a dangerous or reckless driving offence in Australia, your vehicle, driver’s licence and freedom will be at stake. In such cases, it is usually advised that you contact a top reckless driving lawyer in your area who will represent you in such a case.

The Western Australian government has taken quite a strong stance on dangerous and reckless driving. They have also made some recent changes to the traffic laws and give harsher penalties to the people caught driving, even if it is their first offence. A consultation with an expert lawyer can help you in such cases; read the guide below to learn more about reckless driving offences in Australia.

What Is Reckless Or Dangerous Driving?

Reckless or dangerous driving is driving willfully at high speed or in a manner that is dangerous or dangerous to other people in public. Some of the circumstances of reckless driving include the following:

  • Driving a motor vehicle at a speed of 155 km/hour or more
  • To speed your vehicle more than 45 km/hour or over the speed limit

Reckless or hoon driving also includes hoon driving, which can involve street racing, road rage or burnouts. The concept of dangerous driving has been properly defined in the honourable High Court of Australia.

The dangerous driving concept needs breaching the proper conduct of a vehicle on the highway; it is potentially harmful to others.

There are harsh penalties under The Road Traffic Act 1974 for an offence of including lengthy disqualification periods as well as reckless driving of your driver’s licence or imprisonment in some cases. When for the same offence, someone is convicted for the 3rd time, it may result in the lifetime disqualification of your licence.

What Are Some Reckless Driving Penalties?

Before you hire an experienced lawyer to help in a reckless driving case, you must learn more about the penalties. They are as follows:

1. Initial Offence:

In the first offence, there will be a maximum fine of 120 penalty units or $6000 for around nine months. There will also be a disqualification period of six months.

2. Second Offence:

The maximum fine of penalty in the second offence is around 180 penalty units or $9000. You may also be imprisoned for nine months and also serve a licence disqualification period of 12 months.

3. Third Offence:

The maximum fine of penalty is 240 penalty units or $12000; you can also be imprisoned for 12 months. There will also be a permanent disqualification of your driver’s licence.

What Are Some Dangerous Driving Penalties?

Some of the dangerous driving penalties are as follows:

1. Initial Offence:

The maximum fine of 60 penalty units or $3000

2. Subsequent Offence:

The maximum fine is around 120 penalty units or $6000; you can also be imprisoned for around nine months. You will also have your licence disqualified for at least a year.

Today, Australian legislation provides imprisonment at all costs for the offence of reckless driving committed. It is in such aggravated circumstances that a person fails to stop during the course of a police pursuit. It also carries a maximum of five years imprisonment if it is dealt with within the District court or two years imprisonment if dealt with in the Magistrates court.

If you have been charged with any offence of reckless driving, it is important that you receive legal advice as soon as possible from the best traffic lawyers. The aggravated reckless driving that is committed in circumstances where the offender was driving the vehicle and looks to escape pursuit by the police is now considered a crime.

What Do Dangerous Driving Offences Involve?

A dangerous driving offence usually involves a situation where the offender was driving a vehicle that was meant to escape pursuit by a police officer and now carries a minimum fine of around $36,000 and 720 penalty units. Imprisonment can also be faced for three months, and the licence can be disqualified for around two years.

What New Traffic Laws Have Been Introduced In The Case of Vehicle Impoundment?

Before you choose to hire top traffic lawyers in Perth for your case, you must learn that new laws have been introduced. These new laws provide police with the power to impound a vehicle if they think that a driver has committed a reckless driving offence.

If the police want, they can impound a vehicle immediately or within a month. If it is not taken straight away, the police should choose to give out a surrender notice asking the owner to surrender the vehicle within a period of seven days. The vehicle will likely be impounded for at least 28 days for the first offence and a minimum of three months for another offence. The driver will normally be responsible for all the impounding fees, including storage and towing.

Dangerous Driving That Causes Death or Grievous Body Injuries

For any offence of dangerous driving that causes great bodily harm, the maximum penalty will be of seven years of imprisonment if decided on indictment by a judge in the District Court and around 14 years if the offence is committed in aggravation circumstances. You will require the help of a top dangerous driving lawyer in such specific cases.

To attain the conviction of these charges, the prosecution bears the onus of providing a number of elements of the charge. The law with regard to dangerous or reckless driving is not straightforward and can be a complex issue when it arises. In such cases, it is best to seek the help of an experienced reckless driving lawyer in Perth who can help you with legal issues; you will benefit greatly from their expertise and experience.

Contact Traffic Lawyers Perth

If you have committed any dangerous or reckless driving offence, you will need the help of an experienced lawyer. You can contact Traffic Lawyers Perth WA, to hire the best reckless driving and dangerous driving lawyers. These lawyers can help you deal with any sort of legal issues and help you to know more about the traffic rules, and find out if there is a way out of the mess.

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