About Reckless Driving
Learn more about reckless driving charges in WA.
When you're ready make a quick enquiry.
- Our Process
- The Law
- Possible Defences
- Possible Outcomes
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged reckless driving in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Appointment with our reckless driving lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with reckless driving case experience.
Meet with lawyers who have successfully gained great results for clients charged with reckless driving.
- Past Cases
- Good Results
- Happy Clients
Reckless Driving
Road Traffic Act 1974 (WA)
Section 60
“Every person who wilfully drives a motor vehicle in a manner (which expression includes speed) that is inherently dangerous or that is, having regard to all the circumstances of the case, dangerous to the public or to any person commits an offence.”
Reckless Driving is automatically presumed by the following hoon laws:
“(1a) A person who drives a motor vehicle at a speed of 155 km/h or more; or
(1b) A person who drives a motor vehicle at a speed exceeding the speed limit by 45 km/h or more.”
The vehicle being driven is automatically impounded by Police.
Elements of the offence
- ‘Person’ - Means an ordinary person, an individual.
- ‘Wilfully’ - Means to do an act with intention and/or deliberately.
- ‘Drives’ - In relation to a vehicle, to have control over the steering, movement or propulsion of the vehicle.
- 'Motor Vehicle’ - Can be either ‘a vehicle that is built to be propelled by a motor that forms part of the vehicle’, such as a common car; or a self-propelled vehicle such as a trailer, a semi-trailer or caravan while attached to the vehicle.
- ‘Inherently Dangerous’ - Essentially or characteristically dangerous by nature of the circumstances of driving or the surrounding circumstances in which the vehicle is being driven (i.e. near children playing in a park etc.)
- ‘Dangerous’ - Having the ability to cause harm or injury.
- ‘Public’’ - Refers to persons or property, including the drivers of, and passengers in, vehicles; and persons in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and vehicles and their loads.
What the Police & Prosecution must prove in court to secure a careless driving criminal conviction
- CONTENT
How they might prove this
- CONTENT
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with reckless driving case experience.
Meet with lawyers who have successfully gained great results for clients charged with reckless driving.
- Past Cases
- Good Results
- Happy Clients
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Not the driver
It is a defence to prove that the accused person was not the driver of the motor vehicle.
Was not intentional
It is a defence to prove that the driver was driving was not intentional (an accidental skid etc.). However the likelihood is that at most the charge may be downgraded to dangerous or careless driving.
Duress
Where the accused commits the offence as a result of violence, threat or other pressure against the accused.
Necessity
Where the accused had to ‘necessarily’ drive carelessly to prevent some greater harm.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with reckless driving case experience.
Meet with lawyers who have successfully gained great results for clients charged with reckless driving.
- Past Cases
- Good Results
- Happy Clients
What’s taken into account if you’re found guilty...
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
First offence
The maximum penalty for a first offence of Reckless Driving is a fine of up to $6,000.00 or to imprisonment for up to 9 months. Also, there is a mandatory disqualification from holding or obtaining a driver’s licence for a period of not less than 6 months.
Second offence
If you are found guilty of this offence for a second time, you are liable to a fine of up to $9,000.00 or to imprisonment for up to 9 months. Also, there is a mandatory disqualification from holding or obtaining a driver’s licence for a period of not less than 12 months.
Third & subsequent offences
For third and subsequent offences, you are liable to a fine of up to $12,000.00 or to imprisonment for up to 12 months. Also, there is a mandatory disqualification from holding or obtaining a driver’s licence for life.
When escaping pursuit by a police officer
If at the time of committing the offence of Reckless Driving, the offender also attempts to escape pursuit by Police, the Court is required to impose a mandatory term of imprisonment for at least 6 months and up to 5 years. The term of imprisonment cannot be suspended.
For a first and second offence, the court must also impose a mandatory disqualification from driving for a period of not less than 2 years.
For a third or subsequent offence, the court must impose a mandatory disqualification from driving for life.
Note that any prior reckless driving offence will be taken into account for the purposes of determining whether the offence is a first or subsequent offence, not just reckless driving committed in circumstances of aggravation.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with reckless driving case experience.
Meet with lawyers who have successfully gained great results for clients charged with reckless driving.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged reckless driving in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Appointment with our reckless driving lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with reckless driving case experience.
Meet with lawyers who have successfully gained great results for clients charged with reckless driving.
- Past Cases
- Good Results
- Happy Clients
The Law
Reckless Driving
Road Traffic Act 1974 (WA)
Section 60
“Every person who wilfully drives a motor vehicle in a manner (which expression includes speed) that is inherently dangerous or that is, having regard to all the circumstances of the case, dangerous to the public or to any person commits an offence.”
Reckless Driving is automatically presumed by the following hoon laws:
“(1a) A person who drives a motor vehicle at a speed of 155 km/h or more; or
(1b) A person who drives a motor vehicle at a speed exceeding the speed limit by 45 km/h or more.”
The vehicle being driven is automatically impounded by Police.
Elements of the offence
- ‘Person’ - Means an ordinary person, an individual.
- ‘Wilfully’ - Means to do an act with intention and/or deliberately.
- ‘Drives’ - In relation to a vehicle, to have control over the steering, movement or propulsion of the vehicle.
- 'Motor Vehicle’ - Can be either ‘a vehicle that is built to be propelled by a motor that forms part of the vehicle’, such as a common car; or a self-propelled vehicle such as a trailer, a semi-trailer or caravan while attached to the vehicle.
- ‘Inherently Dangerous’ - Essentially or characteristically dangerous by nature of the circumstances of driving or the surrounding circumstances in which the vehicle is being driven (i.e. near children playing in a park etc.)
- ‘Dangerous’ - Having the ability to cause harm or injury.
- ‘Public’’ - Refers to persons or property, including the drivers of, and passengers in, vehicles; and persons in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and vehicles and their loads.
What the Police & Prosecution must prove in court to secure a careless driving criminal conviction
- CONTENT
How they might prove this
- CONTENT
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with reckless driving case experience.
Meet with lawyers who have successfully gained great results for clients charged with reckless driving.
- Past Cases
- Good Results
- Happy Clients
Possible Defences
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Not the driver
It is a defence to prove that the accused person was not the driver of the motor vehicle.
Was not intentional
It is a defence to prove that the driver was driving was not intentional (an accidental skid etc.). However the likelihood is that at most the charge may be downgraded to dangerous or careless driving.
Duress
Where the accused commits the offence as a result of violence, threat or other pressure against the accused.
Necessity
Where the accused had to ‘necessarily’ drive carelessly to prevent some greater harm.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with reckless driving case experience.
Meet with lawyers who have successfully gained great results for clients charged with reckless driving.
- Past Cases
- Good Results
- Happy Clients
Possible Outcomes
What’s taken into account if you’re found guilty...
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
First offence
The maximum penalty for a first offence of Reckless Driving is a fine of up to $6,000.00 or to imprisonment for up to 9 months. Also, there is a mandatory disqualification from holding or obtaining a driver’s licence for a period of not less than 6 months.
Second offence
If you are found guilty of this offence for a second time, you are liable to a fine of up to $9,000.00 or to imprisonment for up to 9 months. Also, there is a mandatory disqualification from holding or obtaining a driver’s licence for a period of not less than 12 months.
Third & subsequent offences
For third and subsequent offences, you are liable to a fine of up to $12,000.00 or to imprisonment for up to 12 months. Also, there is a mandatory disqualification from holding or obtaining a driver’s licence for life.
When escaping pursuit by a police officer
If at the time of committing the offence of Reckless Driving, the offender also attempts to escape pursuit by Police, the Court is required to impose a mandatory term of imprisonment for at least 6 months and up to 5 years. The term of imprisonment cannot be suspended.
For a first and second offence, the court must also impose a mandatory disqualification from driving for a period of not less than 2 years.
For a third or subsequent offence, the court must impose a mandatory disqualification from driving for life.
Note that any prior reckless driving offence will be taken into account for the purposes of determining whether the offence is a first or subsequent offence, not just reckless driving committed in circumstances of aggravation.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with reckless driving case experience.
Meet with lawyers who have successfully gained great results for clients charged with reckless driving.
- Past Cases
- Good Results
- Happy Clients
