Drive Furiously, Recklessly or at Speed Dangerous in NSW

Charged with driving furiously, recklessly, or at a speed or in a manner dangerous? This is a common charge under section 117 of the Road Transport Act 2013 (NSW) that applies to dangerous or reckless driving that does not cause death or injury. It is less serious than dangerous driving causing death or GBH, but still carries significant penalties including potential imprisonment and automatic disqualification.

At Barsha Defence Lawyers, we defend drive furiously charges across Greater Sydney courts including Parramatta, Blacktown, Penrith, and Windsor. These matters often overlap with excessive speeding or police pursuit charges. This guide explains the law, penalties, and your options.

What Is Driving Furiously, Recklessly or Dangerously?

Under section 117 of the Road Transport Act 2013, it is an offence to drive a motor vehicle furiously, recklessly, or at a speed or in a manner dangerous to the public. This offence applies where no death or injury resulted — if someone was killed or seriously injured, the more serious offence of dangerous driving causing death or GBH applies.

The prosecution must prove beyond reasonable doubt that:

• You were driving a motor vehicle on a road or road-related area
• Your manner of driving was furious, reckless, or at a speed or in a manner dangerous to the public

The test is objective — would a reasonable person observing the manner of driving regard it as dangerous? Your subjective belief about the safety of your driving is irrelevant.

Maximum Penalties

The maximum penalties for drive furiously are:

• First offence: $3,300 fine and/or 9 months imprisonment
• Second or subsequent offence: $5,500 fine and/or 12 months imprisonment
• Automatic disqualification: Minimum 6 months (first offence), minimum 12 months (second offence)

What Constitutes "Furious, Reckless or Dangerous" Driving?

Common examples include:

• Grossly excessive speeding (significantly above the speed limit)
• Street racing or drag racing
• Performing burnouts, doughnuts, or other reckless manoeuvres
• Driving on the wrong side of the road
• Running red lights at high speed
• Dangerous overtaking or tailgating
• Hooning — deliberate dangerous or antisocial driving for show or thrill
• Driving while severely fatigued or impaired (though not sufficiently impaired to constitute DUI)

The court assesses the manner of driving objectively based on all circumstances including speed, road conditions, traffic, weather, and the level of risk created.

Drive Furiously vs Dangerous Driving

The key distinction:

• Drive furiously (section 117): Dangerous driving that did NOT cause death or serious injury. Maximum 9-12 months imprisonment.
• Dangerous driving causing death/GBH (sections 52A/52AB Crimes Act): Dangerous driving that DID cause death or serious injury. Maximum 7-14 years imprisonment.

If someone was killed or seriously injured, you will be charged with the more serious offence under the Crimes Act, not section 117.

Defences to Driving Furiously

Before deciding how to plead, always have the evidence reviewed by a lawyer. Our approach to contesting charges is explained on our website.

The Driving Was Not Objectively Dangerous

If your manner of driving, assessed objectively, did not meet the threshold of danger to the public, you are entitled to an acquittal. This defence most commonly arises where the prosecution exaggerates the manner of driving or where circumstances justified the driving.

Medical Emergency

If you were driving dangerously due to a sudden and unforeseen medical emergency (heart attack, seizure, hypoglycaemia) that caused you to lose control, you may have a complete defence of automatism.

Necessity

In very limited circumstances, necessity may provide a defence — for example, if you drove dangerously to escape an immediate threat of serious harm. The bar is extremely high.

Mechanical Failure

An unforeseen mechanical failure that caused dangerous driving may provide a defence, provided you were not aware of the defect and had properly maintained the vehicle.

Sentencing Considerations

If pleading guilty or found guilty, sentencing depends on:

• The seriousness of the dangerous driving — speed, duration, deliberateness
• Whether anyone was endangered or near-misses occurred
• Whether other offences were involved (drink driving, driving whilst disqualified)
• Your traffic and criminal history
• Your level of remorse and insight
• Your personal circumstances and the impact of disqualification
• The strength of your character evidence

Can You Avoid a Conviction?

A Section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999 — where the court finds you guilty but records no conviction and imposes no disqualification — is difficult but not impossible for drive furiously charges. Courts are more willing to grant Section 10s for less serious cases involving first offenders with strong personal circumstances.

More commonly, the realistic goal is to:

• Achieve the minimum disqualification period (6 months for first offence)
• Avoid imprisonment
• Secure a Community Correction Order rather than a fine and disqualification

Hooning Laws and Vehicle Impoundment

If you were charged with drive furiously in circumstances involving "hooning" behaviour (burnouts, street racing, doughnuts), your vehicle may have been impounded by police for 3 months under the vehicle sanctions scheme. This is in addition to the criminal penalties you face in court.

You can apply to have the vehicle released early, but this requires demonstrating significant hardship and that you were not the owner or that impoundment is unjust.

What Barsha Defence Lawyers Will Do

When you retain us on a drive furiously matter:

• Obtain the full police brief including witness statements, dashcam footage, and police observations
• Review the evidence to assess the strength of the prosecution case
• Advise on prospects of defending the charge or achieving a lenient sentence
• Challenge exaggerated police observations where footage or evidence contradicts them
• Prepare comprehensive sentencing materials to minimise penalties
• Appear in Parramatta, Blacktown, Penrith, Windsor, and all NSW courts

Frequently Asked Questions

Will I go to jail for driving furiously?

Imprisonment is possible but uncommon for first offences where no accident or injury occurred. For repeat offenders or particularly reckless driving, imprisonment becomes more likely. Community Correction Orders and fines are more typical for first offences.

What if I was just doing a burnout?

Burnouts and other hooning behaviour are commonly charged as drive furiously. While these are less serious than high-speed pursuits, they still carry the same maximum penalties and automatic disqualification. Strong legal representation can minimise the penalty.

Can the charge be downgraded to negligent driving?

Possibly. If the manner of driving was careless rather than deliberately dangerous, your lawyer may be able to negotiate a plea to negligent driving instead, which carries lower maximum penalties.

How long will I lose my licence?

The court must impose an automatic disqualification period of at least 6 months for a first offence, and at least 12 months for a second offence. The court can impose a longer period. Strong legal representation can help achieve the minimum.

Can I get a Section 10 for driving furiously?

It is difficult but not impossible. Section 10 dismissals are most achievable for less serious cases involving first offenders with strong mitigating circumstances and good character evidence.

Related Traffic Offences

• Dangerous Driving
• Negligent Driving
• Speeding
• Police Pursuit

The information on this page is general and does not constitute legal advice. Every drive furiously matter is different. Contact Barsha Defence Lawyers for advice tailored to your situation. Liability limited by a scheme approved under Professional Standards Legislation.