HOW TO GET A RECKLESS DRIVING CHARGE DISMISSED IN NSW

on June 23, 2025

Facing a reckless driving charge in New South Wales (NSW) can have serious consequences, including hefty fines, licence disqualification, and even imprisonment. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we understand the stress and uncertainty that come with such charges. Our experienced Sydney traffic lawyers and criminal defence lawyers specialise in navigating the complexities of NSW traffic law to achieve the best possible outcome for our clients.

In this comprehensive guide, we explore how to get a reckless driving charge dismissed in NSW, covering the legal framework, potential defences, and practical steps to protect your driving record and future. Written to reflect the most current NSW laws as of June 21, 2025, this article is designed to be engaging, informative, and compliant with solicitor rules and ethical standards. For expert legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

Understanding Reckless Driving Charges in NSW

In NSW, reckless driving is governed by the Road Transport Act 2013 and the Road Rules 2014. The term “reckless driving” is often associated with dangerous driving under section 52A of the Crimes Act 1900 or other provisions like furious, reckless, or dangerous driving under section 117 of the Road Transport Act 2013. These charges are serious, as they involve driving in a manner that poses a significant risk to public safety.

Types of Reckless Driving Charges

  1. Dangerous Driving (Section 52A, Crimes Act 1900):
    1. Involves driving in a manner dangerous to the public, resulting in death or grievous bodily harm (GBH).
    1. Penalties:
      1. Dangerous driving occasioning death: Up to 7 years imprisonment.
      1. Dangerous driving occasioning GBH: Up to 5 years imprisonment.
    1. Aggravating factors, such as excessive speed or intoxication, may increase penalties.
  2. Furious, Reckless, or Dangerous Driving (Section 117, Road Transport Act 2013):
    1. Involves driving at a speed or in a manner dangerous to others, without necessarily causing injury.
    1. Penalties for a first offence:
      1. Up to 9 months imprisonment and/or a $2,200 fine.
      1. Automatic licence disqualification for 3 years (reducible to 12 months).
    1. Penalties for a second or subsequent offence:
      1. Up to 12 months imprisonment and/or a $3,300 fine.
      1. Automatic disqualification for 5 years (reducible to 2 years).
  3. Predatory Driving or Menacing Driving (Section 51A, Crimes Act 1900):
    1. Involves driving with the intent to menace or intimidate others, such as chasing or harassing another vehicle.
    1. Maximum penalty: Up to 7 years imprisonment.

How Reckless Driving Charges Arise

Reckless driving charges typically stem from:

  • Excessive speeding (e.g., 45 km/h or more over the limit).
  • Driving under the influence of alcohol or drugs.
  • Aggressive driving behaviours, such as tailgating or weaving through traffic.
  • Causing accidents resulting in injury or death due to negligent or dangerous conduct.

These charges are treated seriously by NSW courts due to their potential to endanger lives. However, with the right legal strategy, it may be possible to have a reckless driving charge dismissed or reduced. Below, we outline the steps and defences to achieve this outcome.

Can a Reckless Driving Charge Be Dismissed?

Dismissing a reckless driving charge in NSW is challenging but possible with a strong defence strategy. A dismissal may occur if:

  • The prosecution cannot prove the elements of the offence beyond reasonable doubt.
  • A valid legal defence applies, such as necessity or duress.
  • The court grants a section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999, where guilt is established but no conviction is recorded.

At Nicopoulos Sabbagh Lawyers, our Sydney traffic lawyers work diligently to explore every avenue for dismissal or leniency, leveraging our expertise in NSW traffic law and criminal defence.

Defences to Reckless Driving Charges

Several defences may be available to challenge a reckless driving charge. The applicability of these defences depends on the specific circumstances of your case. Our Sydney based criminal Defence lawyers can assess the evidence and assess whether there applies a defence to your situation. Common defences include:

  1. Factual Dispute:
    1. Challenge the prosecution’s evidence, such as inaccuracies in police observations, speed camera readings, or witness statements.
    1. Example: Disputing the alleged speed or manner of driving based on dashcam footage or GPS data.
  2. Necessity:
    1. You drove recklessly to avoid a greater harm, such as swerving to prevent a collision with a pedestrian.
    1. The necessity must be immediate and proportionate to the risk.
  3. Duress:
    1. You were coerced or threatened into driving recklessly, such as under threat of violence.
    1. Example: Driving dangerously to escape an imminent threat from another person.
  4. Honest and Reasonable Mistake of Fact:
    1. You genuinely believed your driving was safe due to a reasonable mistake, such as misjudging road conditions.
    1. Example: Believing the speed limit was higher due to unclear signage.
  5. Lack of Intent (for Predatory Driving):
    1. For predatory driving charges, the prosecution must prove intent to menace. If the driving was unintentional or misinterpreted, the charge may be dismissed.
  6. Procedural Errors:
    1. Police failed to follow proper procedures, such as incorrect calibration of speed detection devices or unlawful traffic stops.
    1. Example: Challenging the validity of a radar gun reading due to lack of certification.
  7. Emergency Situations:
    1. You were responding to a medical emergency or other urgent situation, such as transporting an injured person to a hospital.
    1. Courts may show leniency if the emergency is verified.

Our Sydney lawyers will thoroughly review the police fact sheet, witness statements, and physical evidence (e.g., CCTV or dashcam footage) to identify weaknesses in the prosecution’s case and raise the strongest possible defence.

Steps to Get a Reckless Driving Charge Dismissed

To maximise your chances of having a reckless driving charge dismissed, take the following steps immediately after being charged:

1. Engage a Qualified Traffic Lawyer

Contact Nicopoulos Sabbagh Lawyers as soon as possible to receive expert legal advice. Our Sydney traffic lawyers will:

  • Review the Court Attendance Notice (CAN) and police evidence for errors or inconsistencies.
  • Advise on whether to plead guilty or not guilty based on the strength of the case.
  • Explore defences and negotiate with prosecutors to have the charge withdrawn or downgraded (e.g., from dangerous driving to negligent driving).

2. Exercise Your Right to Silence

Avoid making statements to police without legal advice, as they may be used against you in court. Politely decline to answer questions beyond providing identification details. Our lawyers can guide you on how to handle police interviews to protect your rights.

3. Gather Supporting Evidence

Collect evidence that supports your defence, such as:

  • Dashcam or GPS data showing your speed or driving behaviour.
  • Medical records or other documentation proving an emergency. Provide this evidence to your lawyer for analysis and use in court.

4. Challenge the Charge in Court

If the charge proceeds to court, our Sydney based criminal Defence lawyers will:

  • Prepare a compelling case, supported by evidence and legal arguments.
  • Cross-examine prosecution witnesses to highlight inconsistencies.
  • Advocate for a section 10(1)(a) dismissal (no conviction, no penalty) or section 10(1)(b) (Conditional Release Order without conviction) to avoid a criminal record and licence disqualification.

5. Complete a Traffic Offender Intervention Program (TOIP)

Enrolling in an approved TOIP, such as the Traffic Offenders Rehabilitation Program (TORP), can demonstrate remorse and improve your chances of leniency. Courts often view TOIP completion favourably, particularly for first-time offenders.

6. Appeal a Licence Suspension

If your licence is suspended by police pending your court date, you can appeal to the Local Court within 28 days. Our lawyers can prepare a strong appeal, demonstrating hardship (e.g., loss of employment) or procedural errors by police.

7. Negotiate with Prosecutors

In some cases, prosecutors may agree to withdraw the charge or downgrade it to a less serious offence, such as negligent driving (maximum fine of $1,100, no imprisonment for a first offence). Our lawyers have extensive experience negotiating with prosecutors to achieve favourable outcomes.

Potential Penalties for Reckless Driving

If a reckless driving charge is not dismissed, the penalties can be severe, depending on the offence and your driving history. Key consequences include:

Legal Penalties

  • Fines: Up to $3,300 for reckless driving under section 117 or higher for dangerous driving under section 52A.
  • Imprisonment: Up to 7 years for dangerous driving occasioning death.
  • Licence Disqualification: Automatic periods of 3–5 years, reducible to 12 months or 2 years, respectively.
  • Criminal Record: A conviction remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.

Broader Consequences

  • Employment: A criminal record or licence disqualification can impact roles requiring a clean driving history or police check, such as transport or security jobs.
  • Insurance: Convictions can lead to higher premiums or difficulty obtaining coverage.
  • Travel: Countries like the United States and Canada may deny entry to individuals with criminal convictions.
  • Vehicle Sanctions: Repeat offenders may face vehicle confiscation or number plate sanctions.

A section 10 dismissal or Conditional Release Order (CRO) can help avoid these consequences by preventing a conviction and minimising or eliminating disqualification periods.

Factors Courts Consider in Reckless Driving Cases

When determining whether to dismiss a charge or impose a lenient penalty, NSW courts consider:

  • Your Driving History: A clean record increases the likelihood of a non-conviction outcome.
  • Circumstances of the Offence: Courts assess the degree of recklessness, road conditions, and whether others were endangered.
  • Mitigating Factors: Evidence of good character, remorse, or participation in rehabilitation programs (e.g., TOIP or counselling).
  • Impact on Others: Whether the offence caused injury or property damage.

Our Sydney traffic lawyers will prepare compelling submissions, supported by character references, TOIP completion certificates, and evidence of hardship, to persuade the court to dismiss the charge or impose a lenient penalty.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional legal representation for reckless driving and other traffic law matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: We focus exclusively on criminal law and traffic law, ensuring in-depth knowledge of the Road Transport Act 2013 and Crimes Act 1900.
  • Proven Track Record: We have secured section 10 dismissals, CROs, and reduced penalties for clients across Sydney, including in Parramatta, Liverpool, and Campbelltown courts.
  • Ethical Representation: We adhere to all solicitor rules and ethical standards, providing transparent and reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free initial consultation.

Don’t let a reckless driving charge derail your future. Our Sydney criminal lawyers will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

A reckless driving charge in NSW is a serious matter with significant legal and practical consequences. However, with the right legal strategy, it may be possible to have the charge dismissed or reduced, preserving your driving record and avoiding a criminal conviction. By engaging Nicopoulos Sabbagh Lawyers, you gain access to expert Sydney traffic lawyers who will explore every defence, negotiate with prosecutors, and advocate for leniency in court.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers via email at info@nslaw.net.au or alternatively contact us on 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a consultation. Let us help you navigate the complexities of NSW traffic law and secure the best possible result for your reckless driving charge.

Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?

Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters.  No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

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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 of 21st June 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

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