Street Racing Traffic Lawyers Sydney
Charged with a street race or hoon offence? Our traffic lawyers provide expert defence against severe penalties, licence suspension, and vehicle confiscation.
- Expert Street Race Defence
- Fight Your Licence Disqualification
- Challenge Vehicle & Number Plate Confiscation
- Avoid a Criminal Record
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Expert Defence To Your Furious Driving Charge
Facing a street racing charge in NSW is a serious traffic offence with severe consequences including a lengthy disqualification period and a criminal record. The NSW Police also have the power to confiscate your number plates or impound your vehicle on the spot.
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our specialist traffic lawyers are dedicated to achieving the best possible outcome, whether that’s having the charge withdrawn, or persuading the court to grant a non-conviction order to protect your licence and record.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 offence, including:
- Avoiding Penalties, Fines & Imprisonment
- Avoiding Vehicle Impounding & Forfeiture
- Challenging an Immediate Licence Suspension
- Defences to the Charge
- Avoiding a Conviction
- Avoiding a Criminal Record
What is a Street Racing Offence in NSW?
In New South Wales, the definition of a street racing offence under the Road Transport Act 2013 (NSW) is far broader than many drivers realise. It is not limited to an organised, high-speed race between two vehicles. The law also prohibits any attempt to break a speed record, any trial of a vehicle’s speed, or any competitive trial designed to test the skill of a vehicle driver or the reliability or mechanical condition of any vehicle on a road.
This serious traffic offence also extends beyond the driver. The law makes it illegal to organise, promote, or even take part in any of these activities, which can include filming or encouraging a “hoon” event like drag racing. Unless you have obtained the written approval of the Commissioner of Police, participating in any of these activities on a public road is a crime and carries severe penalties, including potential imprisonment for a second offence.
Because the law is so broad, you may be facing a street racing charge without having been in a traditional race. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our experienced traffic lawyers provide expert legal advice on the nuances of this complex traffic law. We build a robust defense by carefully analysing the police evidence to protect your rights, your licence, and your future.
Penalties for a Street Racing Offence in NSW
A street racing charge is a serious traffic offence in NSW, and the penalties reflect the significant risks posed to the public. The consequences are not just fines; they include a lengthy licence suspension, potential imprisonment, and even the forfeiture of your vehicle.
A conviction for a street racing offence will result in a criminal record, which can have a lasting impact on your employment and future. Our experienced traffic lawyers are dedicated to helping you navigate the court process to minimise these penalties and protect your driver’s licence.
Penalty for a First Street Racing Offence
If this is your first major traffic offence within a five-year period, the court can impose the following penalties under the Road Transport Act 2013 (NSW):
| Maximum Fine | Automatic Licence Disqualification | Potential Vehicle Sanction |
|---|---|---|
| $3,300 | 12 Months | Vehicle impounded for 3 months |
Penalty for a Second or Subsequent Offence
The penalties are far more severe if you have a prior major traffic offence conviction within the last five years. A second offence carries the real risk of imprisonment.
| Maximum Fine | Maximum Term of Imprisonment | Automatic Licence Disqualification | Potential Vehicle Sanction |
|---|---|---|---|
| $3,300 | 9 Months | 12 Months | Vehicle forfeited to the Crown |
It Is Possible to Avoid a Conviction & Licence Disqualification
Pleading ‘Not Guilty’ to a Street Racing Charge
Being charged with a street racing offence does not automatically mean you will be found guilty. To secure a conviction, the NSW Police must prove beyond a reasonable doubt that you organised, promoted, or took part in the specific illegal activity. This is a high standard of proof, and a skilled criminal defence lawyer can often identify significant flaws in the police evidence.
A critical element of a street racing charge is proving there was a “meeting of the minds” to engage in a race or competitive trial. It is not enough for police to simply allege that two cars were driving at high speeds near each other. One driver may have been attempting to overtake, or both may have been speeding independently. Our experienced traffic lawyers will meticulously analyse the prosecution’s case and build a robust defence to protect your licence.
Pleading ‘Guilty’ to a Street Racing Charge
If you choose to plead guilty, our focus shifts to securing the most lenient outcome possible. A well-prepared plea can be the difference between a term of imprisonment and keeping your licence. An early guilty plea can result in a significant discount on your penalty, and our lawyers will provide the expert legal advice needed to navigate this process strategically.
We will guide you through crucial steps to prepare for your sentencing hearing, which can significantly improve your result. This may include:
- Negotiating the Police Facts: We can often negotiate the police version of events to present your actions in a more accurate and favourable light.
- Character References: We will help you gather powerful good character references from family, friends, and employers that highlight your remorse and contributions to the community.
- Traffic Offenders Program: Completing an approved traffic offenders program demonstrates to the court that you have taken the offence seriously and learned from your mistake.
Potential Defences to a Street Racing Charge
There are several legal defences that may be available if you have been charged with a street racing offence. A successful defence will result in the charge being dismissed. Our criminal defence lawyers will assess the evidence and advise you on the strongest path forward.
Potential defences include:
- No “Meeting of the Minds”: Arguing that there was no agreement or mutual intention to race the other vehicle.
- Honest and Reasonable Mistake: You held an honest and reasonable belief that your actions were not illegal, which can be difficult but possible to establish.
- Duress: You were forced or threatened to commit the offence against your will.
- Necessity: You committed the offence to prevent a greater harm from occurring.
Vehicle Impounding, Confiscation and Forfeiture
The police have extensive powers to deal with vehicles involved in a street racing or hoon offence. These sanctions are severe and can be applied immediately at the roadside, long before your matter is finalised in court.
- Vehicle and Number Plate Sanctions: For a street racing offence, NSW Police have the power to either impound your vehicle or confiscate your number plates for a period of three months.
- Forfeiture to the Crown: For a second or subsequent major traffic offence, the consequences are even more serious. The court can order that your vehicle be forfeited to the Crown. This means you permanently lose ownership, and the vehicle may be sold or used by Transport for NSW for crash testing.
If your vehicle or number plates have been confiscated, it is crucial to seek legal advice immediately. Our traffic lawyers can make an urgent application to the Local Court for the early release of your vehicle.
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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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A Winning Record
We have a proven history of successfully defending clients against street racing charges. Our focus is on getting the street race offence dropped, securing ‘not guilty’ verdicts, and protecting our clients from licence disqualification and a criminal record.
EXPERT STREET RACING LAWYERS
A street racing charge is a serious traffic offence with criminal law consequences. Our senior lawyers have over 40 years of combined experience exclusively in these areas, providing a critical advantage in navigating the complexities of the Road Transport Act 2013 (NSW).
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Being charged with street racing can result in immediate licence suspension and vehicle confiscation. We offer a free, urgent Strategy Session to assess your case and outline your defence. Our team is available 24/7 because immediate legal advice is vital when your licence and liberty are at stake.
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FAQs
What is considered a street racing offence in NSW?
Under section 115 of the Road Transport Act 2013 (NSW), the definition is very broad. It includes not only a race between vehicles but also any attempt to break a speed record, any trial of a vehicle’s speed, or any competitive trial designed to test a driver’s skill or a vehicle’s mechanical condition on a public road.
Am I facing a criminal charge for street racing?
Yes, a street racing charge is a serious traffic offence that is treated as a criminal law matter in New South Wales. A conviction will result in a criminal record, which is why it is vital to seek expert legal advice from a firm like Daoud Legal: Sydney Criminal Defence & Traffic Lawyers to protect your future.
What are the maximum penalties for a first street racing offence?
For a first offence, the maximum penalty is a fine of $3,300 and an automatic licence disqualification period of 12 months. While there is no gaol term for a first offence, the penalties are still severe and can have a significant impact on your life.
Will I definitely go to jail for a second street racing offence?
For a second or subsequent major traffic offence within five years, you face a maximum penalty of nine months imprisonment. While gaol time is not guaranteed, it is a very real possibility. An experienced criminal defence lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can build a powerful case to argue against a term of imprisonment.
Will I lose my licence if I am convicted of street racing?
A conviction for a street racing offence carries an automatic licence disqualification period of 12 months. However, the court has the discretion to impose a shorter or longer period. Our experienced traffic lawyers can argue for the minimum possible disqualification period to get you back on the road sooner.
Can I avoid a conviction and licence disqualification?
Yes, it is possible. A skilled traffic lawyer can make a persuasive case for the court to grant a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we have a strong track record of securing these outcomes, which means you avoid a criminal record and keep your licence.
Can the police take my car if I’m charged with street racing?
Yes. For a street racing or hoon offence, NSW Police have the power to impound your vehicle or confiscate your number plates on the spot for a period of three months. This can happen even before your case is finalised in court.
What happens to my car for a second offence?
If you are convicted of a second or subsequent street racing offence and you are the owner of the vehicle, the court can order that your vehicle be forfeited to the Crown. This means you lose ownership permanently, and the vehicle may be sold or used for crash testing by Transport for NSW.
What is the difference between street racing and a ‘hoon’ offence?
Street racing is a specific type of ‘hoon’ offence. The term ‘hoon offence’ also covers other dangerous driving behaviours like aggravated burnouts, police pursuits, and speeding by more than 45km/h over the limit. All are treated as serious traffic offences with severe penalties.
What does the prosecution need to prove to find me guilty?
The police must prove beyond a reasonable doubt that you organised, promoted, or took part in one of the prohibited activities, such as a race, a speed trial, or a competitive test of skill. It is not always easy for them to prove this, and our defence lawyers are experts at identifying weaknesses in the prosecution’s case.
Are there any defences to a street racing charge?
Yes, several defences may be available. These can include arguing there was no “meeting of the minds” to race, that you acted under duress (threats or coercion), or out of necessity. The expert traffic lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers will thoroughly assess your case to determine the strongest possible defence.
What should I do if the police want to interview me?
You have the right to seek legal advice before speaking with police. We strongly recommend you contact our 24/7 legal hotline immediately. Providing a police interview without legal advice can seriously harm your case. Our lawyers can guide you through the process to protect your rights.
What happens if I plead ‘not guilty’?
If you plead not guilty, your case will proceed to a defended hearing where the prosecution must prove the charge beyond a reasonable doubt. Our criminal defence lawyers will challenge the police evidence and present your defence, with the goal of having the charge dismissed and you being found not guilty.
What happens if I plead ‘guilty’?
Pleading guilty means your case will proceed to a sentencing hearing. Our role is to present a powerful and persuasive case to the court to ensure you receive the most lenient penalty possible. We focus on mitigating factors to argue for a non-conviction order or a reduced disqualification period.
How can a lawyer help me if I plead guilty?
An experienced lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can significantly improve your outcome by negotiating the police facts sheet to be more favourable, preparing compelling character references, and guiding you to complete a Traffic Offenders Program. These steps show the court you are remorseful and deserve leniency.
What is an immediate licence suspension?
For a street racing offence, NSW Police have the power to suspend your licence on the spot. This suspension remains in place until your case is finalised by a court. It is crucial to get legal advice, as we can help you challenge this suspension in certain circumstances.
Can I get my impounded vehicle or number plates back early?
Yes, it is possible to apply to the Local Court for the early release of your vehicle or number plates. This requires a formal application and strong arguments. Our traffic lawyers can represent you in this application to maximise your chances of success.
What if I wasn’t driving, but it was my car?
If you are the owner of a vehicle used in a street racing offence, you can still face penalties. For a first offence, you may receive a warning notice. For a second offence within five years, your vehicle’s registration can be suspended, and for a third, it can be forfeited to the Crown.
What is the Traffic Offenders Intervention Program (TOIP)?
The TOIP is a court-approved educational program that covers the serious consequences of dangerous driving. Completing this program before your sentencing shows the court that you have taken steps to rehabilitate, which can significantly improve your chances of receiving a more lenient penalty.
Why should I choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers for my street racing charge?
A street racing charge requires a specialist traffic lawyer with a deep understanding of both traffic and criminal law. With over 40 years of combined experience, Daoud Legal: Sydney Criminal Defence & Traffic Lawyers has a proven track record of getting charges dropped and securing non-convictions. We provide expert, strategic defence to protect your licence, your vehicle, and your future.
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