The maximum penalty for the offence of predatory driving is a fine of $100,000 and/or 5 years imprisonment.
Definition of predatory driving
Predatory driving is an offence which includes, but is not limited to, extremely aggressive driving, tailgating and road rage. Road rage, encompasses many aspects of anger such as verbal abuse, abusive gestures, and aggressive driving; and is not illegal in itself, but when the threat of physical harm becomes real, it becomes Predatory driving, and is illegal.
What the police must prove – predatory driving
In order for the police to prove their case at court, they must prove each of the following matters beyond a reasonable doubt.
- Threat of impact
- Intent to cause harm
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Possible defences – predatory driving
Possible defences to this offence include but are not limited to
The law – predatory driving
Section 51A of Crimes Act states:
The driver of a vehicle who, while in pursuit of or travelling near another vehicle: (a) engages in a course of conduct that causes or threatens an impact involving the other vehicle, and (b) intends by that course of conduct to cause a person in the other vehicle actual bodily harm, is guilty of an offence and liable to imprisonment for 5 years.
WHERE TO NEXT?
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.