Menacing driving (possibility of menace)

A person drives a motor vehicle on a road in a manner that menaces another person where the person ought to have known that the other person might be menaced.

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. In a manner that menaced another person
4. You ought to have known that the other person might be menaced (an objective test)

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 12 months imprisonment. Second or subsequent: 30 penalty units ($3,300) or 18 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.