Reckless and dangerous driving offences are some of the most serious traffic-related charges under Australian law. Unlike minor infringements such as low-range speeding or parking fines, these offences carry criminal penalties — and can significantly impact your freedom, licence, insurance, and employment.
Understanding the difference between reckless and dangerous driving, what the law requires, how courts assess risk, and your rights if charged is essential. This guide outlines how these offences are treated in each state, what to expect, and how Law Tram helps you connect with experienced traffic lawyers who can assist.
Quick Summary
- Reckless and dangerous driving charges involve behaviour that poses a serious risk to public safety.
- The difference between the two usually hinges on intent or awareness of risk.
- Penalties range from fines and demerit points to disqualification and prison — especially where injury or repeat offences are involved.
- Aggravating factors (like alcohol, drugs, or excessive speed) increase severity.
- Every Australian state defines these offences slightly differently under local legislation.
- Law Tram helps individuals connect securely with traffic lawyers who can review charges, provide advice, and represent you in court.
What is Reckless or Dangerous Driving?
While often used interchangeably in everyday conversation, reckless driving and dangerous driving are legally distinct offences in many jurisdictions.
Dangerous Driving
Generally refers to driving that is objectively unsafe — even if the driver didn’t intend harm. It’s assessed based on whether a reasonable person would consider the behaviour dangerous in the circumstances.
Examples:
- Driving at 120km/h in a 60km/h zone through a suburban street.
- Running red lights at high speed.
- Tailgating aggressively in wet weather.
- Failing to give way and causing a near-miss accident.
You don’t need to have meant to cause harm — it’s enough that your driving was objectively dangerous.
Reckless Driving
Often considered more serious, reckless driving usually involves a conscious disregard for the risk. The law looks at whether the driver knew the risk and chose to ignore it.
Examples:
- Deliberate street racing through pedestrian areas.
- Fleeing police through heavy traffic.
- Driving under the influence of alcohol or drugs after repeated warnings.
- Intentionally swerving across lanes to intimidate other drivers.
The court will assess whether the driver’s behaviour showed “recklessness” — that is, an understanding that their driving could cause serious harm, and doing it anyway.
Key Legal Differences Between Reckless and Dangerous Driving
| Legal Aspect | Dangerous Driving | Reckless Driving |
| Intent | Not required — assessed on how dangerous the act was | Requires awareness or disregard of risk |
| Penalty Severity | Serious but may be less than reckless in some cases | Often carries heavier penalties |
| Common Charges | Causing danger through negligent driving | Street racing, fleeing police, high-speed DUIs |
| Proof Required | Prosecution must show driving was objectively unsafe | Must show driver knew risk and drove anyway |
In practice, some states use different terminology or group both under broader offences. That’s why understanding your local law matters — and why tailored legal advice is critical.
Penalties for Reckless and Dangerous Driving in Australia
Penalties vary widely depending on the state, but the key factors that influence outcomes include:
- Whether anyone was injured or killed
- Whether alcohol or drugs were involved
- Whether the driver has a history of traffic offences
- Whether the driving occurred in a school zone or high-risk area
- Whether property damage occurred (e.g. crashes, damage to public infrastructure)
Potential Penalties
- Fines: Can range from $1,000 to over $20,000 depending on the offence and jurisdiction.
- Licence Disqualification: Often mandatory; disqualification periods can range from 6 months to permanent cancellation.
- Demerit Points: Can accumulate rapidly and lead to automatic suspensions.
- Imprisonment: Maximum terms vary — from 6 months for lower-end offences to up to 10 years for aggravated charges.
- Vehicle Impoundment or Confiscation: Especially for hooning or police evasion offences.
Aggravating Factors That Can Increase Penalties
When courts assess reckless or dangerous driving cases, they consider whether certain aggravating circumstances were present.
Common Aggravating Factors
- Excessive Speeding: Driving over 45km/h above the limit can lead to automatic disqualification and vehicle impoundment.
- Driving Under the Influence: Alcohol or drug impairment — especially repeat DUIs — significantly elevate risk and penalty.
- Causing Death or Injury: Offences involving serious bodily harm or fatalities may attract charges of “dangerous driving causing death” or “culpable driving.”
- Driving Unlicensed or Disqualified: Operating a vehicle without a valid licence while committing these offences adds to the seriousness.
- Fleeing Police: Evading law enforcement is a separate criminal offence in many states — often charged in addition to reckless driving.
Can Using a Mobile Phone While Driving Lead to a Dangerous Driving Charge?
In most cases, using a mobile phone while driving is treated as a separate infringement offence and carries fines and demerit points. However, if the distraction caused by mobile phone use leads to risky driving behaviour — such as failing to see a red light, swerving into another lane, or causing a crash — it may escalate to a dangerous or even reckless driving charge.
Drivers have been charged with dangerous driving in cases where mobile phone use has contributed to serious incidents, especially where injuries or fatalities occurred.
How Courts Assess These Offences
When deciding on penalties, magistrates or judges assess several factors:
- The driver’s level of awareness or intent
- How much danger was caused and to whom (e.g. pedestrians, other drivers)
- Driving conditions at the time (e.g. night, weather, traffic volume)
- Whether any injuries or property damage occurred
- The driver’s remorse and willingness to engage in rehabilitation
They will also consider any mitigating factors, such as:
- Clean driving record
- Mental health conditions or medical emergencies
- Genuine remorse or participation in traffic awareness courses
- Character references from employers or community members
Reckless and Dangerous Driving Laws by State
New South Wales (NSW)
Reckless and dangerous driving offences are primarily covered under section 117 of the Road Transport Act 2013 and section 52A of the Crimes Act 1900 when the offence involves death or grievous bodily harm. Penalties may include:
- Up to 10 years imprisonment
- Licence disqualification
- Significant fines
- Criminal conviction recorded
Victoria (VIC)
In Victoria, section 319 of the Crimes Act 1958 covers dangerous driving causing death or serious injury. Other road offences fall under the Road Safety Act 1986. Penalties may include:
- Up to 10 years imprisonment
- Minimum licence disqualification of 12 months
- Vehicle impoundment
- Court-imposed fines and conviction
Queensland (QLD)
Section 328A of the Criminal Code 1899 defines dangerous operation of a vehicle, with harsher penalties where alcohol, speed, or injury is involved. Penalties include:
- Up to 10 years imprisonment
- Licence disqualification (mandatory)
- Vehicle seizure in some cases
- Criminal charges depending on harm caused
Western Australia (WA)
In WA, dangerous driving is dealt with under sections 59 and 60 of the Road Traffic Act 1974. Section 317A of the Criminal Code may also apply in serious cases. Penalties may include:
- Imprisonment up to 10 years
- Immediate licence suspension
- Large monetary fines
- Possible vehicle confiscation
South Australia (SA)
Reckless or dangerous driving falls under section 46 of the Road Traffic Act 1961 and section 19A of the Criminal Law Consolidation Act 1935. Penalties include:
- Up to 5–15 years imprisonment (depending on harm caused)
- Minimum 1-year disqualification
- Significant fines
Tasmania (TAS)
Under section 32 of the Traffic Act 1925, dangerous driving offences carry penalties including:
- Fines
- Imprisonment (up to 5 years in severe cases)
- Licence suspension
Australian Capital Territory (ACT)
ACT uses section 5 of the Road Transport (Safety and Traffic Management) Act 1999. Penalties include:
- Heavy fines
- Licence cancellation
- Possible imprisonment
Northern Territory (NT)
The Traffic Act 1987 (NT) and Criminal Code Act 1983 cover these offences, with penalties ranging from:
- Licence disqualification
- Fines and jail time based on severity
| State | Max Imprisonment | Licence Disqualification | Governing Legislation |
|---|---|---|---|
| New South Wales (NSW) | 10 years | Mandatory | Road Transport Act 2013, Crimes Act 1900 |
| Victoria (VIC) | 10 years | Minimum 12 months | Crimes Act 1958, Road Safety Act 1986 |
| Queensland (QLD) | 10 years | Mandatory | Criminal Code 1899 |
| Western Australia (WA) | 10 years | Immediate suspension | Road Traffic Act 1974, Criminal Code s317A |
| South Australia (SA) | 15 years | Minimum 1 year | Road Traffic Act 1961, Criminal Law Consolidation Act 1935 |
| Tasmania (TAS) | 5 years | Court discretion | Traffic Act 1925 |
| Australian Capital Territory (ACT) | 2 years | Court discretion | Road Transport (Safety and Traffic Management) Act 1999 |
| Northern Territory (NT) | 5 years | Court discretion | Traffic Act 1987, Criminal Code Act 1983 |
What to Do If You’re Charged
Being charged with reckless or dangerous driving can be confronting — but acting early and strategically can make a major difference in the outcome.
Immediate Steps to Take
- Do not make statements to police without legal advice.
- Request a copy of all evidence, including the police report, CCTV or dashcam footage, and breath/drug test results.
- Book a consultation with a traffic lawyer — through Law Tram or directly — to assess your options.
- Gather relevant information, such as medical conditions, car servicing records, or weather data that could affect your defence.
- Start preparing for court: This may involve sourcing character references, evidence of your good driving history, or enrolling in a defensive driving course.
Can You Defend or Appeal a Charge?
Yes. Depending on the circumstances, you may be able to:
- Plead Not Guilty: If the facts are in dispute or the evidence is unreliable.
- Seek a Reduced Charge: A lawyer may negotiate with the prosecution to downgrade the offence (e.g. from reckless to careless).
- Apply for a Section 10 / Diversion Program (where available): Avoiding a conviction if circumstances justify it.
- Appeal the Outcome: If you’ve already been convicted, you may appeal the conviction or sentence if errors occurred.
Common defence arguments include:
- Lack of intent (for reckless charges)
- Medical emergencies
- Unsafe road conditions
- Faulty or misinterpreted police evidence
- Procedural errors (e.g. incorrect breath testing procedure)
How Law Tram Can Help
Traffic offences can escalate quickly — from a simple stop to criminal charges. Law Tram makes it easier to understand your rights and take the next steps confidently.
Our platform connects you with licensed Australian traffic lawyers who can:
- Explain the charges and your legal options clearly
- Review and challenge police evidence
- Represent you in court to argue for reduced penalties or dismissed charges
- Assist with licence appeals or early reinstatement applications
- Help with preparing documentation, evidence, and references
All initial consultations are secure and confidential. You’re under no obligation to proceed.
Get Your Free Legal Snapshot Today
Reckless and dangerous driving charges can have life-changing consequences — but having the right legal support can make a real difference. Whether you’re facing court for the first time, dealing with repeat charges, or trying to get your licence back, understanding the legal process is key to protecting your future.
Law Tram simplifies the process of accessing the right lawyer for your case. Get your free legal snapshot today and take control of your situation with expert legal help.
Frequently Asked Questions
Examples include:
- Excessive speeding (e.g. 45km/h+ over the limit)
- Street racing or hoon driving
- Ignoring red lights or stop signs
- Driving under the influence of drugs or alcohol
- Tailgating at high speeds or swerving between lanes
You will typically be issued with a court attendance notice. Penalties vary by state and may include fines, licence disqualification, demerit points, or imprisonment. It's strongly recommended to speak with a traffic lawyer before your court date — especially if you're facing a possible criminal record.
Yes. Licence disqualification is a common penalty. In some states, it may be automatic (e.g. 6 months for reckless driving in WA), while in others it may be at the court's discretion. Repeat offences and serious aggravating circumstances often lead to longer disqualifications.
A lawyer can assess whether the charge is appropriate, identify any defences (such as lack of intent or identity), negotiate with prosecutors, and represent you in court to reduce penalties or avoid conviction. In some cases, they can help you apply for a section 10 or non-conviction order.
