Furious Driving Lawyers Sydney
We provide expert legal defence for people charged with furious driving, a serious traffic offence with severe penalties.
- Specialist Furious Driving Defence
- Fight Licence Disqualification
- Avoid a Criminal Record
- Clear Legal Advice & Strategy
Lawyers Available 24/7
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Expert Defence To Your Furious Driving Charge
Being charged with a furious or reckless driving offence in NSW is a serious matter with severe consequences, including significant fines, a lengthy licence disqualification, and even a term of imprisonment.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our specialist traffic lawyers are dedicated to achieving the best possible outcome, whether that’s having the charge withdrawn, or persuading the court to grant a non-conviction order to protect your licence and record.
We provide specialist legal advice and representation for all matters related to this driving offence, including:
- Penalties for Furious Driving
- The Offence of Furious or Reckless Driving
- Potential Defences to a Furious Driving Charge
- Pleading Guilty & Sentencing Strategy
- Challenging a Licence Disqualification
- Avoiding a Criminal Record for a Driving Offence
What is the Offence of Furious Driving in NSW?
In NSW, a furious driving charge is a serious traffic offence under the Road Transport Act 2013 (NSW). The law often groups furious, reckless, and dangerous driving together, as they are considered variations of the same offence and attract the same severe penalties. Understanding the specific allegation is the first step in preparing a robust defence for this driving offence.
Furious driving is legally defined as operating a motor vehicle on a road at a speed or in a manner that endangers the life of other road users. A charge can be laid even if no one else was on the road at the time; the prosecution only needs to prove that the potential for danger to the public existed due to the way the vehicle was driven.
For the prosecution to prove the offence of furious driving, they must establish two elements beyond a reasonable doubt: first, that you were driving the motor vehicle, and second, that the driving was indeed furious. Because the legal definitions can be subjective and overlap with other offences like negligent driving, it creates an opportunity for a skilled traffic lawyer to challenge the evidence and protect your rights.
Furious Driving Penalties in NSW
Understanding the potential penalties for a furious driving offence in NSW is critical. The consequences are severe and designed to deter drivers from conduct that endangers the public. A conviction for this driving offence results in a criminal record, which can have a lasting impact on your employment and future. Our expert criminal defence lawyers are dedicated to helping you navigate the court process to minimise these penalties and protect your driving licence.
Penalties for a First Furious Driving Offence
If this is your first major traffic offence within the last five years, the Local Court can impose the following maximum penalties:
| Maximum Fine | Maximum Gaol Term | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|---|
| $2,200 | 9 months | 3 years | 12 months |
Penalties For a Second or Subsequent Offence
The penalties for a second or subsequent major traffic offence, such as furious or reckless driving, drink driving or drug driving, are significantly more severe.
| Maximum Fine | Maximum Gaol Term | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|---|
| $3,300 | 12 months | 5 years | 2 years |
It Is Possible To Avoid A Conviction & Licence Disqualification
The penalties listed above represent the maximums, and they are not inevitable. An expert traffic lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to argue for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order.
This allows the court to find you guilty but dismiss the charge without recording a criminal conviction, saving your licence and your record.
Pleading ‘Not Guilty’ to a Furious Driving Charge
If you believe you are not guilty of the offence of furious driving, you have the right to fight the charge in court. Pleading ‘not guilty’ means the prosecution is put to the test. They carry the entire burden of proving every element of the offence beyond a reasonable doubt. If they cannot meet this high standard, you will be acquitted.
To secure a conviction, the prosecution must prove that:
- You were the person driving the motor vehicle; and
- Your driving was furious, reckless, or at a speed or in a manner dangerous to the public.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our defence strategy involves a meticulous examination of the prosecution’s evidence to identify weaknesses.
A robust legal defence may be built by arguing that your driving did not meet the high threshold for this serious traffic offence, that you were incorrectly identified as the driver, or that you were acting under duress or necessity. Our experienced traffic lawyers can build a powerful case to protect your licence and your name.
Pleading ‘Guilty’ to a Furious Driving Charge
Pleading guilty to a furious driving charge does not mean you should accept the maximum penalty. In fact, with expert legal representation, it is often the first step towards achieving a more lenient outcome. An early plea of guilty is recognised by the courts and entitles you to a discount of up to 25% on your sentence.
The primary goal is to persuade the court to impose the most lenient penalty possible, and in many cases, to avoid a conviction and licence disqualification altogether.
Our criminal defence lawyers are highly skilled in preparing persuasive sentencing submissions. We will help you:
- Negotiate the Police Facts:Â We can often negotiate with the prosecution to amend the summary of facts, presenting your actions in a more favourable light to the court.
- Prepare for Sentencing:Â We will guide you on completing a Traffic Offenders Program, gathering powerful good character references, and obtaining psychological reports to demonstrate remorse and insight.
A carefully prepared plea of guilty can be the difference between losing your licence and keeping your record clean. We focus on presenting your case in the best possible context to secure a Section 10 dismissal or a Conditional Release Order without conviction.
What's the Difference Between Furious Driving vs. Negligent Driving
While both are serious traffic offences, there is a critical distinction between furious driving and negligent driving. Furious driving is a significantly more severe charge, carrying heavy maximum penalties including potential imprisonment and a mandatory licence disqualification period upon conviction.
Negligent driving, where no death or grievous bodily harm is caused, is a less serious offence. The maximum penalty is a fine, and it does not carry an automatic period of disqualification.
This distinction is fundamental to our defence strategy. A key role for an expert traffic lawyer is to negotiate with the prosecution. In many cases, we can successfully argue for a furious or reckless driving charge to be downgraded to negligent driving. This strategic negotiation often results in a far better outcome for our clients, protecting them from a criminal record and the loss of their licence.
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- Ironclad Defence
We build a powerful & proactive defence from the very beginning. We prepare & identify every weakeness in the prosecution’s case to secure your defence.
- Fierce Advocacy
Our lawyers are your fierce advocates, both in & out of the courtroom. We are committed to protecting your rights, your future, and your peace of mind with fearless representation.
Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
A Winning Record
We have a history of successfully defending clients charged with furious driving. We focus on getting charges downgraded to negligent driving, securing 'not guilty' verdicts, and protecting our clients from licence disqualification and a criminal record.
EXPERT FURIOUS DRIVING LAWYERS
This is a serious traffic offence with complex legal tests. Our senior lawyers have over 40 years of combined experience in traffic law, providing a critical advantage in navigating the nuances of the Road Transport Act 2013 (NSW) and building the strongest possible defence.
Free Strategy Session & 24/7 Help
A furious driving charge carries severe penalties, including potential imprisonment. We offer a free, urgent Strategy Session to assess your case and outline your defence. Our team is available 24/7 because immediate advice is crucial when your licence and liberty are on the line.
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FAQs
What is considered furious driving in NSW?
Furious driving is defined as operating a motor vehicle on a road at a speed or in a manner that endangers the life of other road users. A charge can be laid even if no other people were on the road, as long as the potential for danger to the public existed.
How is furious driving different from reckless or dangerous driving?
While the terms are often used together and fall under the same section of the law with the same penalties, there are subtle differences. Furious driving involves endangering life, reckless driving involves creating a serious risk of injury, and dangerous driving involves a real (not hypothetical) danger to the public.
What law governs the offence of furious driving?
The primary offence is found in section 117(2) of the Road Transport Act 2013 (NSW). A separate, more serious offence exists under the Crimes Act 1900 (NSW) if the furious driving causes bodily harm to another person.
What are the maximum penalties for a first offence of furious driving?
For a first major traffic offence in five years, the maximum penalties are a $2,200 fine, nine months imprisonment, and an automatic licence disqualification of three years (with a minimum of 12 months).
Are the penalties more severe for a second offence?
Yes. For a second or subsequent major offence, the maximum penalties increase to a $3,300 fine, 12 months imprisonment, and an automatic licence disqualification of five years (with a minimum of two years).
Will I definitely go to jail for furious driving?
Imprisonment is a possibility, but it is reserved for the most serious cases. An experienced defence lawyer can present a strong case to the court to argue for a lesser penalty and avoid a sentence of imprisonment.
Will I get a criminal record if convicted of furious driving?
Yes, a conviction for a furious driving offence will result in a criminal record. This can have significant consequences for your employment and ability to travel. Our primary goal is to help you avoid a conviction.
Will I automatically lose my licence if I am convicted?
A conviction for furious driving carries an automatic period of licence disqualification. However, if we can persuade the court to deal with your matter by way of a non-conviction order, you will not be disqualified from driving.
Is it possible to avoid a conviction for a furious driving offence?
Yes. A skilled traffic lawyer can make persuasive submissions for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order under the Crimes (Sentencing Procedure) Act 1999 (NSW). This means you are found guilty but no conviction is recorded.
What does the prosecution have to prove to convict me?
The prosecution must prove two things beyond a reasonable doubt: that you were the person driving the motor vehicle, and that your driving was furious, reckless, or dangerous to the public.
What are the possible defences for a furious driving charge?
Defences can include arguing that your driving did not meet the high legal standard of ‘furious’, that you were not the driver (mistaken identity), or that you were acting under duress or necessity (e.g., a medical emergency).
What is the difference between furious driving and negligent driving?
Furious driving is a far more serious offence. Negligent driving (where no one is hurt) is a less serious charge with a maximum penalty of a fine and no automatic licence disqualification.
Can a furious driving charge be downgraded?
Yes. A key part of a strong legal defence is negotiating with the prosecution. We are often successful in having a furious or reckless driving charge downgraded to the less serious offence of negligent driving, resulting in a much better outcome.
What is the first thing I should do if charged with furious driving?
You should seek legal advice from a specialist traffic lawyer immediately. The consequences are severe, and early advice is critical to preparing a robust defence and protecting your licence.
What happens if I plead ‘not guilty’?
If you plead not guilty, your matter will be set for a hearing in the Local Court. The prosecution will be required to present its evidence and prove its case against you beyond a reasonable doubt. We will challenge their evidence to fight the charge.
What happens if I decide to plead ‘guilty’?
Pleading guilty does not mean you will receive the maximum penalty. With expert legal representation, we can prepare persuasive submissions on your behalf, focusing on achieving a lenient sentence and aiming for a non-conviction to save your licence.
How does pleading guilty early help my case?
An early plea of guilty shows remorse and entitles you to a discount on your sentence of up to 25%. This significantly improves your chances of receiving a more lenient penalty from the court.
What is the Traffic Offenders Program?
This is a court-approved educational course that demonstrates your commitment to safe driving. Completing the program shows insight and remorse, which a magistrate will take into account, often leading to a more lenient sentence.
How can a character reference help my case?
Well-written character references from family, friends, or your employer can be very persuasive. They provide the court with insight into your good character, your need for a licence, and the impact a conviction would have on you, helping to argue for a lesser penalty.
How can a specialist furious driving lawyer help me?
An expert lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can analyse the evidence, identify defences, negotiate with the prosecution to downgrade the charge, and build a powerful, persuasive case in court to protect your licence, avoid a criminal record, and secure the best possible outcome.
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