Menacing Driving With Intent is an offence under Section 118(1) of the Road Transport Act 2013.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You drove a motor vehicle
- You drove in a manner that menaced another person, and
- You intended to menace the other person
It is immaterial whether the other person was menaced by way of:
- A threat to their personal safety, or
- A threat to damage their property
The other person need not be on the road at the time.
If it is your first major traffic offence in the last 5 years the maximum penalty is:
- 18 months in prison
- A 3 year ‘automatic’ licence disqualification, which the court can reduce to 12 months, and
- A fine of $3,300
If it is your second or more major traffic offence in the past 5 years the maximum penalty is:
- 2 years in prison
- A 5 year automatic licence disqualification, which the court can reduce to 2 years, and
- A fine of $5,500
However, there will be no criminal record, licence disqualification or fine where the court deals with you by way of:
- A section 10(1)(a) dismissal, or
- A Conditional release order without a conviction
A defence to the charge is that you could not, in the circumstances, reasonably have avoided menacing the other person.
Other defences include:
- Duress, and
If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.
Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.
We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.
Section 118(1) of the Road Transport Act 2013 is Menacing Driving With Intent and reads as follows:
Menacing Driving With Intent
(cf STM Act, s 43)
(1) Offence–intent to menace A person must not drive a motor vehicle on a road in a manner that menaces another person with the intention of menacing that other person.
Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).
Why Sydney Criminal Lawyers®?
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.
Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.