Reckless Driving & Dangerous Driving Offences
I am charged with Reckless Driving and/or Dangerous Driving. What is the difference between Dangerous Driving as compared to Careless Driving or Reckless Driving? What does the Prosecution need to prove to find me guilty for Dangerous Driving or Reckless Driving?
In generic terms, Careless Driving carries a lighter sentence as the ‘offending behaviour’ is seen to be less serious as compared to Dangerous Driving. However, Reckless Driving carries the heavier penalty out of the three charges.
The legal test for Dangerous Driving is whether the driver of a motor vehicle drove in a manner (including the speed of the vehicle) that is, having regard to all of the circumstances of the case, dangerous to the public or to any person.
Please contact our criminal defence lawyers to understand more about what you are charged with and whether you should defend your charges.
What is Reckless Driving?
- Deliberately operating a vehicle in a way that poses a danger to the public or any individual, considering all the circumstances.
- Driving at a speed of 155 km/h or more.
- Exceeding the speed limit by 45 km/h or more.
Penalties for Reckless Driving
- First Offense: A fine of up to $6,000, mandatory disqualification from driving for at least 6 months, and a possible prison sentence of up to 9 months.
- Subsequent Offenses: Harsher penalties including higher fines, extended disqualification periods, and longer potential imprisonment.
- Reckless Driving During a Police Pursuit: If the offense involves attempting to evade police, the court is required to impose a minimum prison sentence of 6 months.
What is Dangerous Driving?
It is not always easy to differentiate between similar-sounding criminal offences. People often ask about dangerous driving and exactly what the charge means. According to the Road Transport (Safety and Traffic Management) Act 1999, dangerous driving is an offence under section seven. The crime is operating a motor vehicle furiously, recklessly, at a speed or in a way that is dangerous to the public.
Again, there are many common law authorities (case laws) that can assist you in understanding where you stand if you are charged with Dangerous Driving. You should not enter a plea without knowing what the law says (statute and common law) and how the law is applied to your situation.
Maximum Penalty for an Offence
Unlike careless driving, dangerous driving has steeper penalties for those caught driving in this manner. The severity of the consequences has a lot to do with how often a driver is caught operating a vehicle in a dangerous manner.
- For a First Offence- A driver can receive up to 60 penalty units for a first-time dangerous driving offence.
- Second Offence- A driver convicted of dangerous driving for a second time may receive 120 penalty units and imprisonment for up to nine months. Additionally, the court shall suspend the driver’s license for 12 months.
Our Legal Experts at WN Legal
You should not take charges of dangerous driving and reckless driving lightly, as the consequences can potentially alter your life. If you are charged with an offence, you should contact WN Legal as soon as you can. Our legal experts can advise you and help you get the best possible outcome for your circumstances.
Your Dangerous Driving Charges Lawyer in Western Australia
If you are charged with dangerous driving, the first thing you need to do is contact WN Legal. As one of Western Australia’s best-established boutique law firms, we are confident in representing you and getting the best outcome.
Our team of experienced lawyers have a unique understanding of traffic law and its penalties. The prosecution must prove you were knowingly engaging in dangerous driving outside the limits of the law. Our clients who are charged with this offence often receive a reduced sentence for careless driving, especially when the driver has a clean record and is being charged for the first time.
Our team will work diligently to ensure you get the best possible outcome.
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I was recently charged with aggravated common assault. WN Legal represented me from day one till the case was finalized. They are affordable, professional, knowledgeable, and sensitive. They kept me updated on the progress of the case. Despite the seriousness of the charge the outcome was the best I could expect – a fine and spent conviction. I would recommend WN Legal for all your legal problems.
“Khew and Aimee were both so amazing and helpful, Khew ran through everything to make sure we understood everything that had to happen and how things would work. I had Aimee with me on the big day and she was super kind and made you feel so comfortable like a best friend was with you, no nerves at all! She even walked me to the car to make sure I was safe, and we came away with a positive outcome 😀 win-win defiantly recommend this company 5 stars.”
“WN Legal are far superior to any legal firm we have dealt with before and they have set the bar so high we doubt we will ever find a legal firm as dedicated and professional.
We dealt mainly with Kyran who was readily accessible and exceeded our expectations. We also found the rest of the team at WN legal to be just as helpful, friendly, and genuine.
We highly recommend WN Legal to anyone.
If we could leave a rating higher than 5 stars we would, Mark and Marina”
“Absolutely the best service. I was treated in a professional manner and when i was about to give up Khew turned around and said i am not ready to give up fighting for you yet. Some of the best words said to me in awhile. Thank you Khew for all your help and support i highly recommend this law firm.”
Reckless & Dangerous Driving FAQs
What Are the Differences Between Reckless, Dangerous, and Careless Driving in WA?
- Reckless Driving: This is the most serious offence, involving deliberate actions that endanger others, such as driving at 155 km/h or more, or exceeding the speed limit by 45 km/h. Penalties include fines of up to $6,000, a minimum 6-month license disqualification, and up to 9 months imprisonment.
- Dangerous Driving: Considered less severe than reckless driving, it involves driving in a way that poses a risk to others. Penalties for a first offence can include fines up to $3,000 and demerit points, with harsher consequences for repeat offences, such as increased fines or imprisonment.
- Careless Driving: The least serious of the three, this involves momentary lapses in attention without deliberate intent. Penalties can include fines of up to $1,500 and 3 demerit points.
How is Reckless Driving Defined?
Generally, reckless driving is defined as intentionally driving at high speed. Driving in a manner that is inherently dangerous or hazardous to any person or the public.
What are Examples of Reckless Driving?
Some examples of reckless driving include,
- Driving at speeds of 155 km/h or more.
- Exceeding the speed limit by 45 km/h or more.
- Deliberately driving in a way that poses an inherent danger to the public or others, taking into account the circumstances.
- Performing dangerous stunts with a motor vehicle that put other road users at risk.
- Driving on the wrong side of the road.
- Ignoring road safety rules to the point of endangering public safety.
- Willfully driving recklessly in a “confiscation zone” (areas with speed limits below 50 km/h or in school zones).
- Recklessly driving to evade police pursuit, which carries mandatory imprisonment.
How is Dangerous Driving Defined?
Dangerous driving is defined as driving a motor vehicle in such a way that is dangerous to the public, including driving at an excessive speed
How Long Will Dangerous Driving Stay on a Criminal Record?
A dangerous driving charge is permanently on a criminal record. However, after ten years, it is possible to apply for and get the conviction spent.
What is Hooning in WA Law?
- Deliberately driving in a way that endangers the public.
- Exceeding the speed limit by 45 km/h or more, or driving at 155 km/h or faster.
- Participating in street racing or speed trials on public roads.
- Performing burnouts, doughnuts, or any action that causes tyres to lose traction.
- Creating excessive noise or smoke, often through actions like burning rubber.
What are the Penalties for Reckless Driving if You are Caught Evading Police
- Mandatory Imprisonment: If you are convicted of reckless driving while trying to escape a police pursuit, the court will impose a minimum sentence of 6 months imprisonment (Section 60A). This sentence is mandatory and cannot be suspended.
- Maximum Imprisonment: If dealt with in the Magistrates Court, you could face up to 2 years imprisonment. In the District Court, this increases to a maximum of 5 years.
- License Disqualification: The court will disqualify you from driving for at least 2 years for a first or second offence, and a lifetime disqualification applies for any further offences.
- Fines: Although fines for evading police can vary, reckless driving offences generally attract fines up to $6,000 for a first offence (Section 60).
- Vehicle Impoundment or Confiscation: The court may also impound or confiscate the vehicle involved, depending on the specifics of the case.
- Additional Penalties: Due to the severity of this offence, further penalties such as community service orders may also be imposed at the court’s discretion.
Can the Police Impound My Car?
Yes, police have the authority to impound your car if you are recklessly driving. They may impound it immediately or within 28 days of the offence.
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WN Legal – Perth’s Leading Lawyers for Dangerous Driving Charges
As a boutique practice, we provide highly personalised legal services to individuals looking to get a matter dealt with quickly and effectively by our lawyers.
Whether you’re facing charges or have just been informed by the Police that they want to “have a word with you”, you should know your rights and what they are looking to do with your case.
In most instances, your decision to make admissions can have a serious bearing on your matter. Our Perth lawyers are available to discuss your situation and your options.