Street
racing is a dangerous activity that poses significant risks to public safety,
leading to severe legal consequences in New South Wales. A charge of street
racing under Section 115 of the Road Transport Act 2013 (NSW) can
result in hefty fines, imprisonment, licence disqualification, and even vehicle
confiscation. At Nicopoulos Sabbagh Lawyers,
our traffic lawyers in Sydney, NSW, specialise in defending clients
against street racing charges, providing expert legal guidance to secure
the best possible outcomes.
Whether
you’re facing a first-time offence, considering pleading not guilty, or
seeking to minimise penalties, this comprehensive guide explains what street
racing entails, the penalties involved, potential defences, and how our criminal
defence lawyers in Sydney can protect your driving privileges and
future. As a leading criminal law firm in Sydney, we’re committed to
delivering fierce advocacy and personalised support to keep you on the road.
What is Street Racing Under Section 115?
Section
115 of the Road Transport Act 2013 (NSW) defines street racing as
engaging in, organising, or promoting any of the following activities on a
public road or road-related area:
• Racing or speed trials: Operating a vehicle in a
competitive race or contest to test speed, acceleration, or driving skill
against another vehicle or a set time.
• Burnouts or stunts: Deliberately causing a
vehicle’s tyres to lose traction (e.g., burnouts) or performing dangerous
manoeuvres (e.g., drifting) in a competitive or reckless manner.
• Organising or promoting races: Arranging or
facilitating illegal racing events, such as car meets or drag races on public
roads.
The
prosecution must prove beyond reasonable doubt that:
• You were driving, organising, or promoting a race or
trial.
• The activity occurred on a public road or road-related
area (e.g., a car park or street).
• Your actions involved racing, speed trials, or reckless
driving behaviours.
Street
racing is a strict liability offence, meaning the prosecution does not
need to prove intent to break the law—only that the act occurred. Common
scenarios include:
• Racing another car at high speeds on a suburban street or
highway.
• Performing burnouts or donuts at an illegal car meet.
• Organising a drag race event via social media or car
clubs.
Given
the serious consequences, including a criminal record and vehicle
confiscation, consulting a street racing lawyer in Sydney is
essential to navigate the legal process and protect your rights.
Penalties for Street Racing in NSW
The
penalties for street racing under Section 115 are among
the harshest for traffic offences in NSW, reflecting the significant danger to
public safety. Penalties vary based on whether it’s a first offence or
a second or subsequent offence within five years, as outlined below
(current as of April 27, 2025):
• First Offence:
•
Maximum fine: $3,300 (30 penalty units).
•
Imprisonment: Up to 9 months.
•
Licence disqualification: Automatic 12 months (minimum 6 months).
•
Vehicle sanctions: Police may issue a 3-month number plate
confiscation or impound the vehicle under Section 239 of the Road
Transport Act 2013. Courts may order permanent vehicle forfeiture for
egregious cases.
•
Demerit points: 3 points (6 during double demerit periods, such as
public holidays).
• Second or Subsequent Offence:
•
Maximum fine: $5,500 (50 penalty units).
•
Imprisonment: Up to 12 months.
•
Licence disqualification: Automatic 2 years (minimum 12 months).
•
Vehicle sanctions: Increased likelihood of vehicle confiscation or
extended plate seizure (up to 6 months or permanent forfeiture).
•
Demerit points: 3 points (6 during double demerit periods).
• Additional Consequences:
•
Criminal record: A conviction can impact employment (especially for
professional drivers), travel (e.g., visa applications), and insurance
premiums.
•
Demerit point suspension: Accumulating 13 points (full licence) or 4–7
points (learner/provisional) within 3 years triggers a 3–6-month suspension.
•
Financial impact: Fines, legal costs, and vehicle recovery fees can
accumulate quickly.
However,
the court has discretion to issue a Section 10 dismissal or conditional
release order without recording of a conviction under the Crimes
(Sentencing Procedure) Act 1999, allowing you to avoid a conviction, fine,
demerit points, or disqualification. At Nicopoulos
Sabbagh Lawyers, our traffic lawyers in Sydney have a strong
track record of securing these non-conviction outcomes, helping clients
preserve their licences and avoid a criminal record.
Pleading Guilty to a Street Racing Charge
Choosing
to plead guilty means accepting responsibility for the street
racing offence, which can be a strategic decision if the evidence—such as
dashcam footage, witness statements, or police observations—is compelling.
Pleading guilty can lead to more lenient penalties and opportunities for
negotiation. Here’s what you need to know:
Benefits of Pleading Guilty
1.
Sentencing Discount: An early guilty plea can reduce your penalty by up
to 25%, demonstrating remorse and saving court resources. The discount
decreases for later pleas.
2. Charge Negotiation: Our traffic lawyers can
negotiate with prosecutors to downgrade the charge to a less serious offence,
such as negligent driving under Section 117, which carries
lower penalties and no mandatory disqualification.
3. Non-Conviction Outcomes: A Section 10 dismissal
or a Conditional Release Order without Conviction can eliminate fines,
demerit points, disqualification, or imprisonment, particularly for first-time
offenders or cases with mitigating circumstances.
4. Faster Resolution: Pleading guilty avoids the
stress, cost, and uncertainty of a defended hearing or trial, allowing you to
move forward sooner.
How We Support Guilty Pleas
At Nicopoulos Sabbagh Lawyers, in preparing your
case for Court we request that you provide us with the following:
• Character references from employers, family,
or community members to highlight your positive character and contributions.
• A letter of apology explaining the
circumstances of the offence and your commitment to safer driving practices.
• Evidence of rehabilitation, such as completion of a
Traffic Offender Intervention Program, a defensive driving course, or
counselling to address impulsive behaviour.
• Proof of hardship, such as documentation showing
how a licence disqualification or vehicle confiscation would impact your
employment, family responsibilities, or mental health.
Our Sydney
Criminal Defence & Traffic Lawyers have extensive experience in
Local Courts and District Courts across NSW, including Downing Centre, Parramatta,
Blacktown, and Burwood.
Pleading Not Guilty: Defences to Street Racing Charges
If you
believe you’re innocent or the prosecution’s case has weaknesses, pleading
not guilty is a viable option. Your case will proceed to a defended
hearing in the Local Court or, for more serious matters, a
trial in the District Court. The prosecution must prove
every element of the offence beyond reasonable doubt. Possible defences (if
applicable) can lead to an acquittal or charge dismissal, and they are to name
a few:
1. No Racing or Trial Involved
2. Private Property
3. Mistaken Identity
4. Duress or Necessity
5. Procedural Errors
6. Lack of Evidence
Our criminal
defence lawyers in Sydney will review all evidence, including police
bodycam footage, witness statements, and vehicle data, to prepare your case. If
the court finds you not guilty, the charge is dismissed, and you face no
penalties, demerit points, or criminal record. Even if the prosecution’s case
is strong, we may negotiate a plea to a lesser charge, reducing the impact on
your life.
Appealing a Street Racing Conviction or Licence Disqualification
If
you’re convicted of street racing or face a licence
disqualification, you have options to challenge the outcome:
1. Appeal a Conviction:
•
Lodge an appeal to the District Court within 28 days of
the Local Court’s decision under the Crimes (Appeal and Review) Act 2001.
•
Grounds include errors in law, excessive penalties, or new evidence (e.g.,
proof you weren’t the driver).
•
Our driver licence appeal lawyers in Sydney can represent you,
arguing for a conviction to be quashed or penalties reduced.
2. Appeal a Licence Disqualification:
•
Challenge a court-imposed disqualification in the District Court or
a Transport for NSW suspension in the Local Court under
Section 267 of the Road Transport Act 2013.
•
Grounds include hardship (e.g., job loss), good driving history, or procedural
errors.
•
We’ll prepare evidence to demonstrate why your licence should be reinstated or
the disqualification period shortened.
3. Apply for Disqualification Removal:
•
For disqualifications of 2 years or more (e.g., repeat offences), you can apply
to the Local Court to lift the disqualification after serving the
minimum period, under Section 221B.
•
The court considers your driving record, rehabilitation, and public safety.
Our traffic
lawyers have extensive experience handling appeals, ensuring your case
is presented effectively to protect your driving privileges and avoid a
criminal record.
Why Choose Nicopoulos Sabbagh Lawyers?
A street
racing charge under Section 115 can have life-altering
consequences, from imprisonment and vehicle loss to a criminal record that
affects your career and travel prospects. At Nicopoulos
Sabbagh Lawyers your Criminal Defence & Traffic Lawyers in Sydney,
we’re dedicated to delivering exceptional legal representation to help you
navigate these challenges. Here’s why clients across Sydney, NSW, trust us:
• Specialised Expertise: Our team has decades of
experience defending street racing charges, traffic offences, and
criminal law matters in NSW courts, ensuring informed and strategic
advocacy.
• Proven Results: We’ve secured countless outstanding
outcomes such as Conditional Release Orders without Recording of a
Conviction, acquittals, and reduced penalties, helping clients avoid
convictions and maintain their licences.
• Client-Centred Approach: We listen to your concerns
and tailor our defence strategy to your goals, whether pleading guilty or not
guilty.
• 24/7 Support: Legal issues can arise at any time,
and our team is available around the clock to provide urgent advice and
reassurance.
• Local Knowledge: We regularly appear in Sydney
courts, including Downing Centre, Parramatta, Blacktown,
and Burwood, giving us deep insight into local judicial processes.
How to Prepare for Your Street Racing Case
Early
preparation is critical to achieving a favourable outcome. Here are key steps
to take:
1. Seek Legal Advice Immediately: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or
call 0427 101 499 or 02 9793 7016 for a free initial
consultation to evaluate your case and ensure timely action.
2. Gather Evidence: Collect any relevant evidence,
such as dashcam footage, GPS data, or proof that the activity occurred on
private property, to support your defence.
3. Demonstrate Rehabilitation: Enrol in a Traffic
Offender Intervention Program, complete a defensive driving course, or
undertake counselling to show the court your commitment to responsible driving.
4. Document Hardship: Provide evidence of how a
conviction, disqualification, or vehicle confiscation would impact your
employment, family, or mental health, such as letters from employers or medical
professionals.
5. Act Within Deadlines: Respond to court notices or
file appeals within 28 days to avoid additional penalties. Our team
will handle filings to keep your case on track.
Frequently Asked Questions About Street Racing in NSW
1. Can
I Avoid a Criminal Record for Street Racing?
Yes, a
Section 10 dismissal or conditional release order can
prevent a criminal record, particularly for first-time offenders or minor
offences. Our Sydney traffic lawyers will present evidence of your
good character and remorse to secure this outcome.
2. Will My Car Be Confiscated for Street Racing?
Police
may confiscate your number plates for 3–6 months or impound your
vehicle for a first offence, with permanent forfeiture possible for repeat
offences. We can argue against confiscation or negotiate vehicle return.
3. How Long Will My Licence Be Disqualified?
Disqualifications
range from 12 months (first offence) to 2 years (repeat
offence), with minimums of 6–12 months. We can seek a Section 10 dismissal or
appeal to avoid or reduce this.
4. Can I Appeal a Street Racing Conviction?
Yes,
you can appeal to the District Court within 28 days of
a conviction, arguing errors or excessive penalties. Our driver licence
appeal lawyers will guide you through the process.
5. What If I Wasn’t Racing but Was Caught Near a Race?
If you
weren’t actively racing or organising, we can argue mistaken identity or
lack of intent, using evidence to prove you were not involved.
The Impact of Street Racing on Road Safety
Street
racing contributes to road trauma in NSW, with high-speed crashes causing
fatalities and serious injuries. The NSW Government’s Road Safety Plan 2026 emphasises
cracking down on illegal racing through increased police patrols and new
technologies like average speed cameras, trialled on the Pacific
Highway and Hume Highway since May 1, 2025. These measures
underscore the importance of seeking legal help immediately to mitigate the
consequences of a street racing charge.
Contact Nicopoulos Sabbagh Lawyers Today
A street
racing charge under Section 115 of the Road Transport Act 2013 can
threaten your freedom, finances, and future. At Nicopoulos
Sabbagh Lawyers, our traffic lawyers in Sydney are dedicated to
protecting your rights and securing the best outcome, whether through an
acquittal, a Section 10 dismissal, or a reduced penalty. With our
expertise in criminal law and traffic law, we’ll provide the
fierce advocacy and personalised support you need to move forward.
Don’t
let a street racing charge define you. Contact Nicopoulos
Sabbagh Lawyers today at info@nslaw.net.au, call 0427 101
499 or 02 9793 7016, or visit www.nslaw.net.au to
book a free consultation. Let our Sydney criminal law firm, one
of the best in NSW, fight for your driving privileges and peace of mind.
Why
Choose Nicopoulos Sabbagh 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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TO COURT?
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is very important that you speak with a lawyer so that you can get the
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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 25th April 2025.
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