Lisa Riley, Lawyer in our Crime and Traffic team has highlighted the consequences of reckless driving.
What is Reckless Driving?
Reckless driving is defined in section 60 of the Road Traffic Act 1974 (WA) as driving "in a manner which is inherently dangerous, or that is having regard to the circumstances of the case, dangerous to the public or any person"
Examples of behaviours which may be classified as reckless could be, but are not limited to, the following:
- Driving at an excessive speed (at/over 155km/h or 45km over the speed limit);
- Using a motor-vehicle to perform stunts which are dangerous to the public and other road users;
- Driving on the wrong side of the road;
- Ignoring the road safety rules to such an extent as to compromise public safety.
A person will also be found to have committed the offence of Reckless Driving when he or she wilfully drives a motor-vehicle in a reckless manner on a road where the speed limit is less than 50 km per hour or in a school zone, otherwise known as in a "confiscation zone".
What are the penalties for an offence of Reckless Driving?
The offence of Reckless Driving is an objectively serious offence which could attract a term of imprisonment. The penalties which could be imposed by a Court, are set out below and, differ according to whether it is a person's first, second or subsequent offence.
First offence:
A maximum fine of $6,000.00;
A maximum term of imprisonment for a period of nine ('9') months; and
A mandatory minimum period of disqualification from driving for a period of six ('6') months.
Second offence:
A maximum fine of $9,000.00;
A maximum term of imprisonment for a period of nine ('9') months; and
A mandatory minimum period of disqualification from driving for a period of twelve ('12') months.
Third, or subsequent, offence:
A maximum fine of $12,000.00;
A maximum term of imprisonment period of twelve ('12') months; and
A mandatory minimum period of disqualification from driving for Life.
The exact penalties which will be imposed will depend upon a person's prior criminal history, the circumstances surrounding, and leading up to, the offence and a person's personal antecedents.
Driving at a Reckless Speed (at/over 155km/h or 45km over the speed limit)
If a person drives at, or over, a speed of 155km per hour or exceeds the speed limit by 45km or more that person can be charged with the offence of Driving at a Reckless Speed contrary to section 60A of the Road Traffic Act.
The penalties which can be imposed for this offence are the same as the penalties which could be imposed for the offence of Reckless Driving.
Reckless Driving when escaping police pursuit:
If a person drives a motor-vehicle recklessly to escape pursuit by a Police Officer that person can be charged with an offence contrary to section 60B(4) of the Road Traffic Act.
This offence can be dealt with summarily in the Magistrates Court or on indictment in the District Court. What Court the offence will be dealt with in will depend on the circumstances surrounding the offence and facts as alleged by the Police.
Regardless of the Court, a person charged with the offence must be sentenced to a mandatory term of immediate imprisonment for a period of at least six months. This term of imprisonment cannot be suspended and must be served by the person charged. If the matter is dealt with in the Magistrates Court a person can be sentenced to a maximum term of imprisonment for a period of up to two ('2') years. If the matter is dealt with in the District Court a person can be sentenced to a maximum term of imprisonment for a period of up to five ('5') years.
If it is a person's first, or second, offence that person must also be disqualified from holding or obtaining a driving licence for a period of not less than two ('2') years. Otherwise, that person must be disqualified from holding or obtaining a driving licence for life.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
