Understanding Reckless and Dangerous Driving in NSW

Driving offences in NSW range from minor infractions to serious criminal charges that carry severe penalties. Two of the most serious traffic offences are reckless driving and dangerous driving, both of which can lead to fines, licence disqualification, and even imprisonment.

While the terms are sometimes used interchangeably, NSW law treats reckless driving and dangerous driving as distinct offences with different legal thresholds and consequences. This guide explains the key differences, potential penalties, and legal defences for each offence.

What Is Reckless Driving in NSW?

Reckless driving—also referred to as driving in a manner dangerous to the public—is a serious offence under Section 117(2) of the Road Transport Act 2013 (NSW). It occurs when a driver knowingly takes risks that could endanger others, even if no actual harm occurs.

Examples of Reckless Driving:

• Excessive speeding (but not necessarily beyond 45km/h over the limit). 
• Aggressive tailgating and road rage behaviour. 
• Deliberately ignoring traffic signals or stop signs. 
• Performing burnouts, street racing, or hooning. 
• Driving in a manner that intimidates or endangers pedestrians or cyclists.

Key Insight: Reckless driving is about deliberate risk-taking, even if the driver did not intend to cause harm.

Penalties for Reckless Driving in NSW

Offence	Maximum Penalty
First offence	$3,300 fine + 9 months imprisonment + 12-month licence disqualification (minimum)
Subsequent offence	$5,500 fine + 12 months imprisonment + 2-year licence disqualification (minimum)

Best Practice: Even first-time reckless driving offences can result in criminal convictions, affecting future employment and travel opportunities.

What Is Dangerous Driving in NSW?

Dangerous driving is a criminal offence under Section 52A of the Crimes Act 1900 (NSW). It applies when a driver operates a vehicle in a manner that creates a substantial risk to others, especially if the offence results in grievous bodily harm or death.

Examples of Dangerous Driving:

• Driving under the influence (DUI) of drugs or alcohol. 
• Excessive speeding (30km/h+ over the limit) in high-risk areas. 
• Driving dangerously in extreme weather conditions. 
• Failing to stop after an accident involving injury or property damage. 
• Driving a defective or unroadworthy vehicle that poses a risk to others.

Key Insight: Dangerous driving is considered more serious than reckless driving, especially when it results in injury or death.

Penalties for Dangerous Driving in NSW

Offence	Maximum Penalty
Basic Dangerous Driving	2 years imprisonment + fine + licence disqualification
Dangerous Driving Occasioning Grievous Bodily Harm (GBH)	7 years imprisonment
Dangerous Driving Occasioning Death	10 years imprisonment
Aggravated Dangerous Driving Occasioning Death (e.g., DUI, excessive speeding)	14 years imprisonment

Best Practice: If charged with dangerous driving occasioning death or serious injury, seek legal representation immediately.

Reckless vs. Dangerous Driving: Key Differences

Factor	Reckless Driving	Dangerous Driving
Legal Basis	Road Transport Act 2013	Crimes Act 1900
Definition	Knowingly driving in a risky manner	Driving that creates substantial danger to others
Intent Required?	Yes, requires awareness of risk	No, based on outcome and level of danger posed
Severity	Serious traffic offence	Criminal offence (if harm occurs)
Penalty	Fine, licence disqualification, imprisonment (if serious)	Heavier fines, lengthy imprisonment, criminal record

Key Insight: Reckless driving involves intentional risk-taking, whereas dangerous driving can be unintentional but still high-risk.

Legal Defences for Reckless or Dangerous Driving

If you have been charged with reckless or dangerous driving, you may be able to defend the charge in court. The best defence depends on the circumstances of your case.

1. No Reckless or Dangerous Conduct

• Your driving did not pose a risk to others. 
• The police misinterpreted your actions. 
• Insufficient evidence exists to prove the charge beyond a reasonable doubt.

2. Sudden Emergency Defence

• You were reacting to an immediate threat or emergency. 
• Example: Swerving dangerously to avoid hitting a pedestrian or animal.

3. Mechanical Failure

• Your vehicle suffered a sudden, unavoidable mechanical issue. 
• A mechanic’s report can confirm that you were not at fault.

4. Medical Emergency

• You had a medical episode (e.g., seizure, fainting, or heart attack). 
• Medical records and doctor testimony can support this claim.

Best Practice: Always seek legal representation if you plan to contest a reckless or dangerous driving charge.

Can These Charges Be Reduced?

Yes. In some cases, reckless or dangerous driving charges may be downgraded to a lesser offence, such as negligent driving.

Courts may consider: 

• Your prior driving record (first-time offenders may receive leniency). 
• The presence (or absence) of injuries or property damage. 
• Your level of cooperation with police. 
• Mitigating circumstances, such as road conditions or external factors.

Key Tip: A strong legal defence can help reduce penalties or have the charge dismissed entirely.

What to Do If You Are Charged with Reckless or Dangerous Driving

Step 1: Seek Legal Advice Immediately

• Contact a traffic or criminal defence lawyer to assess your case. 
• Do not admit fault or discuss the case with police until speaking to a lawyer.

Step 2: Gather Evidence

• Collect dashcam footage, witness statements, or expert reports. 
• Document road conditions, weather, and any relevant external factors. 
• Obtain medical records if a health issue played a role.

Step 3: Prepare for Court

• Your lawyer will develop a defence strategy tailored to your case. 
• Be prepared to provide character references and evidence of remorse. 
• Consider completing a defensive driving course before your hearing.

Key Insight: Taking proactive steps can improve your chances of a reduced sentence or charge dismissal.

Conclusion: Handling Reckless and Dangerous Driving Charges in NSW

Both reckless and dangerous driving are serious offences that can impact your driving record, employment, and future opportunities. If you are facing charges, understanding the differences, penalties, and legal defences can help you make informed decisions.

At Jones Hardy Law, we specialise in defending traffic and criminal driving offences, helping clients achieve the best possible legal outcomes.For expert legal representation, visit JonesHardyLaw.com.au to book a consultation today.

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225 Clarence Street
Sydney NSW 2000

CALL: (02) 7257 0384

Email: [email protected]