At Nicopoulos Sabbagh Lawyers, we understand
that facing a charge of driving recklessly, furiously, or in a manner dangerous
to the public under Section 117 of the Road Transport Act 2013 (NSW) can
be a daunting experience. Whether you’re considering pleading not guilty or
pleading guilty, our experienced criminal defence lawyers in Sydney,
NSW, are here to guide you through every step of the legal process. In this
comprehensive guide, we’ll break down what this offence entails, the penalties
you may face, the differences between pleading guilty and not guilty, and how
our team can help you achieve the best possible outcome.
What is Section 117 of the Road Transport Act?
Section
117 of the Road Transport Act 2013 (NSW) makes it an offence to
drive a motor vehicle on a road furiously, recklessly, or at a speed or in a
manner dangerous to the public. This charge covers a range of dangerous
driving behaviours, including:
• Furious driving: Driving at a speed or in a way
that endangers others, such as excessive speeding or performing stunts.
• Reckless driving: Driving with deliberate disregard
for the safety of others, such as sudden lane changes or racing other vehicles.
• Dangerous driving: Driving in a way that poses a
real or potential danger to the public, even if no harm occurs, such as
swerving or driving erratically.
The
prosecution must prove beyond reasonable doubt that you were driving a vehicle
and that your manner of driving was reckless, furious, or dangerous. Factors
like the condition of the road, traffic levels, and any obstructions (e.g.,
crashed vehicles or debris) are considered by the court when determining guilt.
This
offence is treated seriously in NSW because it puts lives at risk. If you’ve
been charged, seeking expert legal advice from a criminal lawyer in Sydney is
critical to protecting your rights and minimising penalties.
Penalties for Driving Recklessly or Dangerously
The
penalties for a conviction under Section 117 depend on whether it’s your first
offence or a second or subsequent offence within the past
five years. Here’s a breakdown:
• First Offence:
•
Maximum fine of $2,200 (20 penalty units).
•
Up to 9 months imprisonment.
•
Automatic licence disqualification for 3 years (minimum 12 months).
• Second or Subsequent Offence:
•
Maximum fine of $3,300 (30 penalty units).
•
Up to 12 months imprisonment.
•
Automatic licence disqualification for 5 years (minimum 2 years).
However,
the court has discretion to impose more lenient penalties or even a non-conviction
order under Section 10 of the Crimes (Sentencing Procedure) Act
1999, which could allow you to avoid a criminal record and licence
disqualification. At Nicopoulos Sabbagh
Lawyers, our traffic lawyers in Sydney have a proven track
record of securing non-conviction outcomes for clients, helping them keep their
licences and livelihoods.
Pleading Guilty: What It Means?
Deciding
to plead guilty to a charge under Section 117 means you accept
responsibility for the offence. This can be a strategic choice in certain
situations, particularly if the evidence against you is strong or you want to
demonstrate remorse to the court. Here are some key considerations:
Benefits of Pleading Guilty
1. Discount on Sentence: Entering an early guilty
plea can result in a 25% reduction in your penalty, as it shows
remorse and saves court resources. The later you plead guilty, the smaller the
discount.
2. Negotiation Opportunities: Our skilled criminal
defence lawyers can negotiate with prosecutors to have the charges
reduced to a less serious offence, such as negligent driving, or to
amend the facts of the case to reflect a less severe version of events.
3. Non-Conviction Outcomes: Even after pleading
guilty, the court may issue a Section 10 dismissal or conditional
release order without recording a conviction. This is particularly
important if you rely on your driver’s licence for work or family
responsibilities.
4. Avoiding Trial Stress: Pleading guilty avoids the
uncertainty and emotional toll of a defended hearing, allowing you to resolve
the matter quickly.
How We Can Help with a Guilty Plea
At Nicopoulos Sabbagh Lawyers, we work
tirelessly to present your case in the best possible light. When you plead
guilty, we’ll gather compelling evidence to support your sentencing
submissions, such as:
• Character references highlighting your good
character and contributions to the community.
• A letter of apology or affidavit explaining
the circumstances of the offence and your remorse.
• Evidence of hardship, such as proof that losing
your licence would impact your employment or family.
• Completion of a Traffic Offender Intervention Program,
which can demonstrate insight and reduce your penalty.
Our Sydney
criminal lawyers have extensive experience in Local Courts across NSW,
including Parramatta, Downing Centre, and Blacktown. We’ll craft a strong plea
to maximise your chances of a lenient outcome, whether that’s a fine, a
non-conviction order, or a reduced disqualification period.
Pleading Not Guilty: Fighting the Charge
If you
believe you’re innocent or the prosecution’s case is weak, pleading not
guilty may be the best option. When you plead not guilty, the matter
proceeds to a defended hearing, where the prosecution must prove every
element of the offence beyond reasonable doubt. Here’s what you need to know:
Defences to Section 117 Charges
There
are several possible legal defences that can lead to a NOT guilty verdict, or a
charge being withdrawn. Common defences include:
1. Your Driving Was Not Dangerous or Reckless:
We may argue that your driving did not meet the
threshold for being furious, reckless, or dangerous, considering factors like
road conditions or traffic levels.
2. Mistaken Identity: If you were not the
driver at the time of the alleged offence, we can challenge the prosecution’s
evidence to prove this.
3. Necessity: If you drove dangerously to
avoid greater harm (e.g., swerving to avoid a pedestrian), this defence may
apply.
4. Duress: If you were coerced or threatened
into driving dangerously (e.g., by a passenger), you may not be criminally
liable.
5. Automatism: If you were not in control of
your actions due to a medical condition (e.g., a seizure), this could lead to
an acquittal.
The Defended Hearing Process
At a
defended hearing, both sides present evidence, and witnesses (including police
officers) may be cross-examined. Our criminal defence lawyers in Sydney will
prepare your case, by going through the evidence to identify weaknesses in the
prosecution’s case. We’ll also advise you on whether to give evidence or call
witnesses to support your defence.
If the
court finds you not guilty, the charge is dismissed, and you face no penalties
or criminal record. Even if the prosecution’s case is strong, we may negotiate
to have the charge downgraded to a less serious offence, such as negligent
driving, which carries lighter penalties.
Why Choose Nicopoulos Sabbagh Lawyers?
Facing
a reckless driving or line breakers charge in Sydney can have
serious consequences for your livelihood, freedom, and future. At Nicopoulos Sabbagh Lawyers, we’re dedicated
to helping you navigate these challenges with confidence. Here’s why clients
across Sydney, NSW, trust us:
• Proven Expertise: Our team has a wealth of
experience defending clients against traffic offences and criminal
charges in NSW courts.
• Personalised Service: We take the time to
understand your unique circumstances and tailor our approach to achieve the
best outcome.
• Track Record of Success: We’ve secured
countless non-conviction orders, acquittals, and reduced penalties for
clients charged with dangerous driving.
• 24/7 Availability: Legal issues don’t wait,
and neither do we. Our team is available around the clock to provide advice and
support.
How to Prepare for Your Case
Whether
you’re pleading guilty or not guilty, early preparation is key to a successful
outcome. Here are some steps you can take:
1. Seek Legal Advice Immediately: Contact Nicopoulos Sabbagh Lawyers for a free
initial consultation to discuss your options.
2. Gather Evidence: Collect any documents, dashcam
footage, or witness statements that support your case.
3. Enrol in a Traffic Offender Program: If pleading
guilty, completing this program can demonstrate rehabilitation to the court.
4. Document Hardship: Provide evidence of how a
conviction or licence disqualification would affect your job, family, or mental
health.
Contact Nicopoulos Sabbagh Lawyers Today
Being
charged with driving recklessly, furiously, or in a manner dangerous under
Section 117 of the Road Transport Act is a serious matter, but you
don’t have to face it alone. At Nicopoulos
Sabbagh Lawyers, our criminal lawyers in Sydney are committed
to protecting your rights and securing the best possible outcome, whether
that’s a not guilty verdict, a non-conviction order, or a reduced penalty.
Don’t
let a traffic offence derail your future. Call us today at 0427 101 499 or 02
9793 7016 or visit our website to book a free consultation.
Let us
fight for you while you focus on moving forward.
Why
Choose Nicopoulos Sabbagh Lawyers YOUR Leading Sydney
Criminal & Traffic Lawyers to represent you in your Criminal or Traffic Law
Matter?
Nicopoulos
Sabbagh Lawyers are the leading Law firm in Criminal Law and Traffic Law
matters as our office appears at ALL Courts in NSW on a regular basis in ALL Criminal
Law and Traffic Law matters. No matter
is too complex for Nicopoulos Sabbagh lawyers, your Criminal
Law and Traffic Law Sydney Lawyers, so be sure to book your first Free
Consultation today!
GOING
TO COURT?
It
is very important that you speak with a lawyer so that you can get the
appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact your
Sydney Lawyers, Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 14th April 2025.
*Please note that this page or any
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