Reckless Driving
Reckless driving
(Road Traffic Act s 59)
Driving in an inherently dangerous manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person
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- Reckless driving requires wilfulness, without which, it is possible to downgrade the charge to dangerous or careless driving
- To prove wilfulness, the prosecution’s evidence must demonstrate a significant or serious departure from normal or prudent practices.
- Reckless speed is defined as driving 45 km/h above speed limit, or any speed above 155km/h
- Reckless driving carries harsh penalties, and may result in the imposition of a fine, driver’s licence disqualification, and even a term of imprisonment. To help you achieve the best outcome in your case, contact Assurance Legal as soon as possible.
Reckless driving to escape Police pursuit
(Road Traffic Act s 60B(4))
- If you are driving and fail to stop for Police, they will pursue your vehicle.
- If you are driving recklessly while trying to escape Police pursuit, this will aggravate the circumstances of a reckless driving charge, and you will face harsher penalties.
- It does not matter whether the reckless driving occurred when pursuit was ongoing, when it had been suspended, or when it had finished at the time of the alleged offence.
- If you’ve been charged with reckless driving to escape a Police pursuit, it is in your best interests to get professional legal advice as soon as possible. Minimum sentences apply to this offence, so to help get the best outcome in your case contact Assurance Legal today.
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