Predatory driving

Predatory driving

Being charged with predatory driving is serious and can have lasting consequences for your licence, employment, and criminal record. That is why it is critical to have an experienced traffic lawyer defending your case. Our criminal and traffic lawyers know how to secure the most lenient outcome possible, and where possible, run strong defences that can result in an acquittal.

We fight hard for our clients because we understand how devastating it can be to lose your licence. For many people, a licence is essential to maintaining employment, supporting family, and carrying out daily responsibilities. We believe that punishment should be proportionate and fair, and that courts should focus on rehabilitation rather than unnecessarily destroying lives.

We know the law, we understand what is at stake, and we are relentless in defending clients charged with predatory driving offences.

What is predatory driving?

Predatory driving is a criminal traffic offence outlawed under section 51A of the Crimes Act 1900 (NSW). This involves intentionally driving close to another vehicle in a manner that intimidates or harasses, while engaging in conduct that causes or threatens a collision. There must be intent to cause actual bodily harm.

This offence commonly arises out of allegations of:

• Tailgating
• Aggressive acceleration
• Swerving
• Chasing another vehicle

It is the intent and risk created, not merely poor driving, that distinguishes predatory driving from lesser traffic offences.

Penalties for predatory driving?

The potential penalties include:

In appropriate cases, the court has discretion to impose a non-conviction order, such as a conditional release order.

This means that although the court may find you guilty, no conviction is recorded, and you may avoid licence disqualification and other long-term consequences.

Defences to predatory driving

Depending on the circumstances, available defences may include:

• The driving did not put another person at risk of actual bodily harm.
• Lack of intent to intimidate or harass
• Inaccurate identification of the driver
• The driving was not predatory

What will my traffic lawyer do to prepare my case?

To prepare your case to the highest standard and to act on your behalf, evidence supporting submissions on the above factors is usually supplied to your traffic lawyer. They are then tendered to the court. Examples of evidence that may assist in an Appeal include:

• Certificate of completion of the Traffic Offenders Program.
• References from employers, family members and health professionals stating why you have a need for a driver’s licence, e.g. for work, to pick up and drop off children from school, a chronic back condition, etc.
• Employment contracts stating that having a driver’s licence is a condition of employment.
• Medical documentation about any medical conditions you or members of your family have.
• Trip planner documents showing geographic isolation or unavailability of public transport from your residential address to your place of employment.
• A letter of apology or affidavit stating what happened.

Do I need references if pleading guilty to predatory driving?

We believe references are an extremely important part of a plea in court. Find out more about how to write a good reference.

Why choose the Australian Criminal Law Group?

Our criminal lawyers are experts at obtaining the best possible outcome for Predatory Driving offences, including no convictions. For these offences, a good lawyer can be the difference between a conviction and no criminal record, losing your licence or keeping it and freedom or jail.

To discuss your Predatory Driving charge, call the Australian Criminal Law Group at our Sydney, Parramatta and Blacktown offices or make a website inquiry today.

Contact us now.