Our expert criminal lawyers for a predatory driving offence can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.
You can read our reviews here.
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 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:
| Penalty | First offence | Subsequent offence |
| Maximum fine | $3,000 | $5,500 |
| Maximum term of imprisonment | 18 months | 2 years |
| Minimum disqualification | 12 months | 2 years |
| Automatic disqualification | 3 years | 5 years |
| Immediate license suspension | No | No |
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?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat a predatory driving charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.