Accused of a reckless driving offence? Driving lawyers can help

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Reckless driving is one of a number of common types of traffic offences, which come with a range of penalties and fines, depending on the severity of the offence and the circumstances surrounding it.

If you have been charged with reckless driving or another traffic offence, it is a good idea to seek legal advice – even if you are not sure how serious the charge might be.

There are a number of defences to traffic offences that might allow you to get your charges dropped, or avoid a criminal conviction altogether.

Avoiding disqualification

Disqualification from driving is one of the most common penalties for a reckless driving offence.

If you are found guilty of reckless driving, you will generally face an automatic disqualification period of three years – unless the magistrate decides to reduce your disqualification period to the minimum of 12 months – or to ‘let you off’ without a conviction or disqualification under a ‘section 10 dismissal or conditional release order‘.

If this is your second or subsequent offence, you will have an automatic disqualification period of five years, and a minimum disqualification period of two years.

Being unable to drive, even for a short period of time, can significantly impact on your lifestyle and employment prospects.

Fortunately, there are ways you might be able to reduce the period for which you are disqualified, or avoid a criminal conviction altogether.

A section 10 dismissal or conditional release order is where there is an admission of guilt, but the magistrate agrees not to record a conviction.

If you can successfully obtain a non conviction order for a reckless driving offence, you will not be disqualified, or penalised in any way, and you will not have a criminal conviction recorded against you.

There are a few factors which can help increase your chances of obtaining a non conviction order, including being able to demonstrate a good driving record, and providing character references.

Good traffic lawyers can advise you further as to whether a non conviction order is appropriate in your situation.

Criminal fines

Depending on whether this is your first reckless driving offence, you could be liable for maximum fines of up to $2,200 or $3,300.

If you can successfully defend yourself against a reckless driving charge, you might be able to have the amount of the fine you need to pay reduced, or even avoid paying anything altogether.

There are a few defences to a reckless driving charge that might be applicable in your situation.

In order for police to be successful at convicting you on a charge of reckless driving, they need to be able to prove beyond a reasonable doubt that you drove in a reckless manner, and that you were the person driving the vehicle.

There are certain legal protocols that need to be followed by police when arresting you, questioning and obtaining evidence against you.

If you can prove that police acted in an illegal manner, you can apply to have the charges against you withdrawn.

If you are successful, you won’t be penalised or have to go to court.

If you have been accused of reckless driving, it is important that you seek legal advice as soon as possible.

Driving lawyers are knowledgeable and experienced in all areas of traffic law, from reckless driving to drink driving, and can help you make sure you get the best possible outcome in your case.

Going to court for a traffic offence?

If you are going to court for a traffic offence, call or email Sydney Criminal Lawyers anytime to arrange a free first consultation with an experienced, specialist traffic lawyer who will accurately advise you of your options, the best way forward, and fight for the optimal outcome in your specific situation.

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Ugur Nedim

Ugur Nedim

Ugur Nedim is an Accredited Criminal Law Specialist with 25 years of experience as a Criminal Defence Lawyer. He is the Principal of Sydney Criminal Lawyers®.

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