Furious Driving (Road Transport ACT 2013

In New South Wales, it is an offence to drive in a manner, pace or speed which causes danger to another person. The way in which the manner may be constituted as ‘furious’ is when the driving causes risk to another due to the speed in which the motor vehicle is driving or the way in which the car is being maneuvered, such as swerving or driving into other motor vehicles.

The maximum penalties for this offence are a fine of $2,200 and/or 9 months imprisonment for a first offence or a fine of $3,300 and/or 12 months imprisonment for a second or subsequent offence.

The automatic licence disqualification period 3 years with a minimum licence disqualification period of 12 months (for a first offence) or an automatic licence disqualification period of 5 years and a minimum licence disqualification period of 2 years (for a second or subsequent offence within 5 years of the previous offence).

What is Furious Driving?

The offence of Furious Driving is regulated under Section 117(2) of the Road Transport Act 2013 (NSW) which states:

2) 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.

The following act might constitute Furious Driving:

• You are driving and breaking sharply before accelerating and swerving over the road.
• You are driving at a manner where the speed exceeded 50km/h over the speed limit.
• Driving your car around in circles whilst speeding and getting too close to parked cars.

What must be proven?

For a person to be found guilty of Furious Driving, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you were driving a motor vehicle on a public road;
• That you were driving in a manner which was furious and dangerous to the public.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Furious Driving

The following defences may be available for a Furious Driving charge:

• That you were not driving the car.
• That the manner in which you were driving was not furious in nature.
• Duress.

Common Questions about Furious Driving

1. Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible.

A Court can impose any of the following penalties for a Furious Driving charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions, so it is very important that you contact Armstrong Legal to assist you with this.

2. What if I had to drive in that manner due to an emergency?

Please contact us at Armstrong Legal to assist you with this, as a possible defence of this nature needs to be discussed with a solicitor as it is important we obtain relevant medical documents/material to corroborate this.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.