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If you have been charged with reckless driving (commonly referred to as hoon driving) or dangerous driving in Western Australia, your driver's licence, vehicle and personal freedom may all be at risk.
Depending on the circumstances, these offences can result in substantial fines, lengthy licence disqualifications, vehicle impoundment and, in the most serious cases, imprisonment.
Western Australian courts continue to take a tougher stance on hoon and dangerous driving offences, with significant penalties applying even to first-time offenders. Obtaining experienced legal advice as early as possible can make a significant difference to how your matter is managed and ultimately resolved.
At the Law Offices of Andrew Williams, you receive direct advice from an experienced criminal and traffic lawyer who has represented clients in courts throughout Western Australia for more than 21 years. Whether you intend to defend the allegation or require representation when entering a plea of guilty, Andrew Williams will provide practical advice about your options, potential defences and the likely outcome of your case.
Contact Andrew Williams today on (08) 9278 2575 to discuss your matter.
Although the terms are often used interchangeably, reckless driving and dangerous driving are separate offences under the Road Traffic Act 1974, each with different legal requirements and penalties.
The distinction is important because it can significantly affect the outcome of your case, including the penalties available to the court and whether imprisonment or lengthy licence disqualification may apply.
One of the key differences is that reckless driving generally requires the prosecution to establish that the driver acted with a wilful disregard or deliberate indifference to the obvious risks created by their driving. Dangerous driving, on the other hand, focuses on whether the manner of driving was objectively dangerous, without requiring proof of intent.
Understanding this distinction is often central to preparing an effective defence.
Reckless driving is one of the most serious traffic offences prosecuted in Western Australia.
Broadly speaking, reckless driving involves driving a motor vehicle in a manner, including speed, that is inherently dangerous or dangerous to the public, while demonstrating a wilful disregard for the obvious risks created by that driving.
Because intent is a key component of the offence, reckless driving allegations frequently involve detailed examination of the available evidence and whether the prosecution can establish every element required by law.
Reckless driving allegations commonly arise from conduct such as:
Every case depends on its own facts, and simply because police allege reckless driving does not necessarily mean the legal requirements of the offence have been established.
Western Australian legislation also provides that reckless driving may be established where a vehicle is driven:
Where these speed thresholds apply, the prosecution is not required to prove the same element of intent that would otherwise be necessary in many reckless driving matters.
Reckless driving carries some of the harshest penalties available under Western Australian traffic law.
Depending on the circumstances, penalties may include substantial fines, imprisonment and lengthy periods of licence disqualification.
Current maximum penalties include:
First offence
Second offence
Third or subsequent offence
For many people, losing their driver's licence can have serious consequences for employment, family responsibilities and day-to-day life. Early legal advice may assist in identifying the strongest strategy for your particular circumstances.
Dangerous driving is a separate offence from reckless driving and generally carries lower maximum penalties.
Unlike reckless driving, dangerous driving does not require the prosecution to prove that the driver deliberately disregarded the risks created by their driving.
Instead, the prosecution must establish that, having regard to all of the circumstances, the manner of driving was dangerous to the public or another person.
The High Court of Australia described dangerous driving in McBride as requiring:
"Some serious breach of the proper conduct of a vehicle upon the highway, so serious as to be, in reality and not speculatively, potentially dangerous to others."
This remains one of the leading judicial explanations of dangerous driving in Australia.
Whether driving is considered dangerous depends upon all of the surrounding circumstances.
These may include:
Dangerous driving does not need to continue over a prolonged period.
In some cases, a single momentary act, such as turning across oncoming traffic or failing to give way to pedestrians, may be sufficient for the offence to be established.
Maximum penalties for dangerous driving currently include:
First offence
Subsequent offences
Although these penalties are generally lower than those applying to reckless driving, they remain significant and may have lasting consequences for your licence, employment and criminal record.
Because reckless driving requires proof of intent, there are circumstances where negotiations with the prosecution may result in a reckless driving allegation being downgraded to dangerous driving.
Whether this is appropriate depends entirely upon the available evidence and the particular facts of the case.
Where negotiations are successful, a reduction in the charge may significantly affect the available penalties and, in some circumstances, reduce the risk of mandatory licence disqualification or imprisonment.
Every matter requires careful assessment before decisions are made about how the case should proceed.
The most serious reckless driving offences involve circumstances of aggravation, including failing to stop while being pursued by police.
These offences carry mandatory imprisonment provisions and significantly harsher penalties.
Where reckless driving is committed in circumstances of aggravation (police pursuit), penalties may include:
Because mandatory sentencing provisions apply, obtaining legal advice as early as possible is particularly important.
In appropriate cases, negotiations with the prosecution may result in a charge being amended to dangerous driving committed in similar circumstances, allowing the court greater discretion when determining sentence.
Dangerous driving involving failure to stop during a police pursuit may also attract substantial penalties, including fines of up to 720 Penalty Units ($36,000), imprisonment of up to 3 years and minimum licence disqualification of 2 years.
Western Australian police have the power to impound a vehicle where they reasonably believe a person has committed certain reckless driving offences.
Police may impound the vehicle:
Where the vehicle is not immediately seized, police may issue a surrender notice requiring the owner to surrender the vehicle within seven days.
Generally, vehicles may be impounded for:
Drivers are ordinarily responsible for all associated towing, storage and impoundment costs.
Dangerous driving causing grievous bodily harm and dangerous driving causing death are among the most serious traffic offences prosecuted in Western Australia.
These matters are heard in the District Court and often involve extensive police investigations, expert evidence and complex legal issues.
Maximum penalties for dangerous driving causing grievous bodily harm include:
Dangerous driving causing death carries maximum penalties of:
To obtain a conviction, the prosecution must establish each element of the offence beyond reasonable doubt.
These cases frequently involve detailed examination of expert evidence, witness testimony and the circumstances surrounding the incident. Early preparation and experienced legal representation are critical.
Andrew Williams has more than 21 years' experience representing clients charged with serious traffic and criminal offences throughout Western Australia.
When you engage Andrew, you receive:
Every case is approached individually because the facts, evidence and legal issues differ from one matter to the next.
Reckless driving is commonly known as ‘hoon driving’. It is willfully driving at a high speed and/or in a manner which is inherently dangerous or dangerous to any person or the public. This includes:
Driving in excess of 45km/h over the speed limit.
Driving a motor vehicle in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public.
Usually, a dangerous driving conviction will stay on your criminal record and not be removed. However, after 10 years you may apply to have the conviction spent.
Police have the power to impound a vehicle if they believe a driver has committed a “hoon offence”. The police can impound the vehicle immediately or within 28 days, and if not taken straight away then the police can serve a surrender notice telling the owner to surrender the vehicle within 7 days.
The vehicle will be impounded for a minimum of 28 days for first offences, or a minimum of 3 months for a subsequent offence. The driver is also responsible for all of the impounding fees including towing and storage.
In WA, reckless driving and dangerous driving are separate offences under the Road Traffic Act with different elements and penalties.
Reckless driving requires an element of intent - the prosecution must prove wilful disregard or deliberate indifference to the clear and obvious risks.
Dangerous driving does not require proof of intent. It focuses on whether the driving was sufficiently serious as to be potentially dangerous to others in reality.
Andrew Williams Criminal Law offices have over 20 years-experience in representing clients for these offences. The benefits of choosing Andrew Williams to represent you include:
If you have been charged with reckless driving, dangerous driving or a hoon driving offence anywhere in Perth or Western Australia, obtaining legal advice as early as possible can significantly affect the outcome of your case.
Whether you are facing allegations of reckless driving, dangerous driving, police pursuit, or dangerous driving causing death or grievous bodily harm, Andrew Williams provides experienced representation, clear advice and practical guidance from the outset.
Contact the Law Offices of Andrew Williams today on (08) 9278 2575 to discuss your matter.
