Street Racing – s 115 Road Transport Act 2013 (NSW)
Charged with street racing charges is scary when you stand to lose your licence, effecting your job and family commitments.
Our leading senior traffic lawyers specialise in traffic law (https://www.criminaldefencelawyers.com.au/about-us/lawyers/), with over 20 years in court experience in successfully proving their clients innocence, getting charges dropped early, and getting s10’s to avoid licence disqualifications for their clients.
Your Options in Court
PLEADING NOT GUILTY
You can only be guilty of street racing if police can prove, beyond a reasonable doubt, the following:
- You took part in, promoted or organised any one or more of the following:
- Race between vehicle(s) on a road; or
- An attempt to beat another vehicle’s speed record on a road; or
- Trialled the speed of a vehicle on a road; or
- Trialled competitively to test the skills of a vehicle driver, or the reliability or mechanical condition of a vehicle on a road.
You will be not guilty, and your charge dismissed, if police are unable to prove the above.
Defences to this charge
You will be Not Guilty if:
- You have written approval from the commissioner of police do this
- Honest and reasonable defence: Where you honestly believed you were not committing an offence, in circumstances it was reasonable to have held that belief.
- You had no desire or attempt to gain an advantage ie to overtake the other vehicle.
- Duress or necessity: where you were coerced to commit this offence, or you did it to avoid serious harm.
Your charge will be dismissed if any one of the above defences apply to your case. Our team of leading traffic lawyers specialise in getting charges dropped early, which they have successfully achieved countless times for over 20 years. Speak to them now for them to strengthen your best defence early, and maximise your chances at getting it dropped.
If pleading guilty to a charge of street racing, see the below critical tips on how a traffic lawyer can best prepare and present your case to avoid a conviction, loss of licence and demerit points (s10).
25% Discount on punishment
Pleading guilty to street racing at the earliest time in your case will result in a 25% discount on your punishment by the Judge, resulting in steps closer to a s10. The later this is done, the smaller that discount gets.
For those reasons, its important to get early reliable and highly specialised advice from a team of leading traffic lawyers.
Traffic Offenders Program
Completing an accredited traffic intervention program (https://www.criminaldefencelawyers.com.au/traffic-law/traffic-offenders-program/) before your sentenced by the Judge can dramatically improve your chances at avoiding a licence disqualification and loss of demerit points.
Our experienced senior traffic lawyers have lectured all over NSW in these programs over the years. They can guide you to enrolling into the best suited traffic programs recognised by Courts.
Good character references
Arranging to get perfected good character reference letters from family, friends, work, charity and letter of apology from you, if done properly, can significantly improve your result in court towards a s10.
For best chances at this, your letters should comment on your good character, remorse, insight, and shame. If coming from your employer, your need for a licence and effect of your job if disqualified should be expressed clearly. Our traffic lawyers can guide you in this.
Negotiate to drop charges
Our team of senior traffic lawyers have convinced police to drop charges countless times for over 20 years. The best way to maximise your chances at this, for street racing charges, is by carefully analysing the police evidence, and pointing out all the holes in it to police.
The police set of facts is initially drafted by police often expressing a one sided story of your offending conduct in detail reflecting you in the worse possible way. This is read by the Judge who then decides on a punishment, often resulting in a more harsher result.
Our senior traffic lawyers, can analyse the evidence, point out the holes in it, and then negotiate those facts to be accurate, reflecting you in a better light. This generally results in a much better result in court. As specialists in negotiating with police, speak to our team on how to maximise your chances at achieving this.
Getting a powerful psychologist or psychiatrist court report for the Judge to read can significantly improve your chances at avoiding a licence disqualification and conviction.
For the best chances at this, the report should comment on any mental illness at the time, your remorse, insight, shame and explanation. Our traffic lawyers can guide you to getting a report from someone highly experienced and respected who can sway a Judge to give you a much lighter outcome.
The maximum punishment for street racing offences is a fine of up to $3,300 if in the last 5 years, you have not committed this offence before. However, if this is your second offence in the last 5 years, the maximum is a fine of $3,300 and/or 9 months imprisonment.
There is also an automatic licence disqualification period of 1 year. The court can increase this if they want.
The courts don’t normally give out maximum punishments, which is usually only given to the most serious offenders. You will not lose your licence, nor will you get a fine if you convince the Court to give you a s10.
Types of penalties
- Section 10 Dismissal (https://www.criminaldefencelawyers.com.au/criminal-law/section-10-dismissal/)
- Conditional Release Order (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/conditional-release-order/)
- Fine (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/fine/)
- Community Correction Order (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/community-correction-order/)
- Intensive Correction Order (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/intensive-correction-order/)
- Full Time Imprisonment (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/full-time-imprisonment/)
You can maximise your chances of getting a s10 to avoid a licence disqualification (https://www.criminaldefencelawyers.com.au/criminal-law/section-10-dismissal/) by getting an expert traffic lawyer to properly prepare and present your case in court for street racing offences. Our team of senior traffic lawyers have over 20 years experience, with proven track record, in avoiding disqualification periods for their clients countless times.