A person
who drives a motor vehicle on a NSW road in a manner which menaces another
person with the intent of menacing that other person (or drives a motor vehicle
on a road in a manner which menaces another person if the person ought to have
known that the other person might be menaced will be committing an offence). Please
be sure to refer to the Road Transport Act 2013, section 118(1) & (2) which
sets out the offences.
This is a
very serious offence, and the maximum penalty will ultimately be subject to
whether it is the first time that a person commits this type of offence or
whether it was the persons second time to commit this type of offence. It
should be noted that a ‘repeat offender’ in relation to driving offence(s) is a
person who has within the last 5 years following their conviction been the
subject of a conviction for a major offence.
What is
the maximum penalty for a first offender?
For a first-time
offender, the maximum penalty is 18 months’ imprisonment a fine of 30 Penalty
units and an automatic Disqualification for 3 years and a minimum
disqualification for 12 months.
What
the maximum penalty for a second/subsequent offender?
Maximum
penalty for a second/ subsequent offender is 2 years imprisonment, a fine of 50
penalty units and if a conviction is recorded there is an automatic licence
disqualification for 5 years and a minimum licence disqualification for a
period of 2 years.
Where
will this charge be heard & determined?
These
charges begin in the local court and they are also
finalised by the NSW Local 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 Nicopoulos
Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 8th February 2023.
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