Yes, it is
illegal. Tailgating is completely illegal, and this offence can be considered
‘Predatory Driving’ or even ‘Dangerous Driving’ under NSW legislation,
and it can result in a lengthy period of Disqualification, licence suspension,
fines etc. Why? This is because all drivers must keep a safe distance from the
vehicle in front of them.
What is
‘Dangerous Driving?’
‘Dangerous
Driving’ is
one of the most serious offences under the Road Transport Act in NSW and the
penalties which the offender may receive will be subject to a variety of facts
and circumstances, for example was anyone harmed? Was the driver intoxicated?
Was the Driver Driving in a dangerous manner for an extended period? And many
other considerations. A person who is found guilty of such an offence can face
mandatory licence disqualification by the court as well as fines or even a term
of imprisonment!
What is
‘Predatory Driving?’
‘Predatory
Driving’ is an
offence in NSW which includes any of the following:
·
Tailgating
other driver(s)
·
Driving
Aggressively/ Driving with aggression
·
Road
rage
Section
51A of the Crimes Act 1900
notes the following:
“The driver of a vehicle who, while in pursuit of or
travelling near another vehicle:
(a) engages in a course of conduct that
causes or threatens an impact involving the other vehicle, and
(b) intends by that course of conduct to cause a
person in the other vehicle actual bodily harm, is guilty of an offence.”
For a
person to be found guilty of such offence, then the police must beyond a
reasonable doubt prove that the accused person committed the offence itself and they must also prove the following beyond a
reasonable Doubt.
1.
Threat
of Impact.
2.
The
Intent to cause harm.
Why
Should you Choose Nicopoulos Sabbagh Lawyers to
represent you in your Court Case?
Nicopoulos Sabbagh Lawyers a reputable Law
Firm is the leading Law firm in both Criminal Law & Traffic Law matters. Nicopoulos Sabbagh Lawyers has dealt with the most complex
matters and our office appears in all Jurisdictions in Criminal Law.
No matter
is too complex for the team so be sure to book your first Free Consultation
today!
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 Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 24th October 2024.
*Please note that this page or any
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