A person must not organise, promote, or participate in a race, speed trial, or speed record attempt on a road without the approval of the Commissioner of Police.
The law defines street racing very broadly. Police do not need to prove a formal race or an express agreement between drivers. It includes conduct such as:
- Racing between vehicles on a public road
- Attempting to break a vehicle speed record on a road
- Conducting a vehicle trial on a road
- Taking part in any competitive trial designed to test a driver’s skill or a vehicle’s reliability or mechanical condition on a road
- Organising, promoting, or participating in any of the above activities
Going to court
There are many ways for you to fight the charges in court to be found not guilty. The police must prove the elements of the offence beyond a reasonable doubt.
If the offence is proven, the court may:
- Impose higher fines.
- Record a conviction.
- Disqualify your licence.
- Make orders relating to your vehicle.
You must contact a lawyer before considering going to court for your street racing charge.
Going to court may be appropriate where:
- You dispute that the street racing had occurred.
- Police evidence is inconsistent.
- There are strong personal circumstances.
Often, the distinction between street racing and high-speed traffic flow is blurred. Often, police may sometimes misconstrue:
- Two vehicles accelerating from lights at the same time,
- Vehicles travelling at similar speeds on a motorway,
- Drivers attempting to merge or overtake quickly,
- Brief bursts of acceleration.
Without evidence of intent to compete, the conduct may fall short of the legal definition of street racing. Courts have emphasised that suspicion or appearance alone is not enough; the prosecution must prove the elements beyond a reasonable doubt.
Penalties
Street racing is a serious traffic offence in NSW, and it carries severe penalties. The maximum penalty for a first offence includes a $3,300 fine and a 12-month automatic disqualification period. Vehicle impoundment is also possible.
Subsequent major offences may also result in a maximum gaol term of 9 months.
You may either defend the allegations or seek a non-conviction order. Read more about non-conviction orders here.
Why choose the Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best possible outcome for street racing offences, including no convictions. For these offences, a good lawyer can be the difference between a conviction and a clean criminal record, and between losing your licence and keeping it.
To discuss your drink driving charge, call the Australian Criminal Law Group at our Sydney, Parramatta and Blacktown offices or make a website inquiry today.
Contact us now.