Furious, reckless or dangerous driving

A person drives a motor vehicle on a road furiously, recklessly, or at a speed or in a manner dangerous to the public. 'Dangerous' is judged objectively: the driving must create a real danger to others, greater than the risk ordinarily associated with driving (McBride v The Queen (1966) 115 CLR 44; Jiminez v The Queen (1992) 173 CLR 572).

For a person to be found guilty, the prosecution must prove each of these beyond reasonable doubt. If even one cannot be proved, the charge should fail.

1. You drove a motor vehicle
2. On a road
3. Furiously, recklessly, or at a speed or in a manner dangerous to the public (in assessing danger to the public the court has regard to the nature, condition and use of the road, the amount of traffic at the time or reasonably expected, and any obstructions or hazards on the road — s 117(3))

This is a summary offence — it is finalised in the NSW Local Court by a judge. There is no committal, no jury and no election to the District Court.

Maximum penalty: First offence: 20 penalty units ($2,200) or 9 months imprisonment. Second or subsequent: 30 penalty units ($3,300) or 12 months imprisonment. This is a 'major offence': automatic disqualification 3 years (minimum 12 months) for a first offence; 5 years (minimum 2 years) for a second or subsequent offence (s 205).

Summary offences in NSW must generally be started (a court attendance notice issued) within 6 months of the alleged offence, unless the relevant law sets a different period (Criminal Procedure Act 1986 (NSW) s 179). Some offences have their own time limit, so this is a guide only.

Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.