On many occasions we have defended drivers and riders charged with street racing. We often see charges built on subjective observations such as revving engines or riders and drivers looking at one another. In the matters we have defended, the facts were far more innocuous than what you see in films. When we press the magistrate to assess the evidence objectively, there is often little to support the charge.
Pleading not guilty to your street racing charge
The legislation is in Road Transport Act 2013 (NSW) s 115 which makes it an offence to organise, promote or take part in a race between vehicles, attempt to break a speed record, or conduct a speed trial on a road.
- Maximum penalty first offence: 30 penalty units.
- Second or subsequent: 30 penalty units or up to 9 months imprisonment, or both.
On conviction the court must disqualify your licence for 12 months unless it orders a shorter or longer period. Disqualification is in addition to any fine or gaol term.
We also see cases where two vehicles travel side by side on a multi-lane road or leave a set of lights at the same time. That alone does not mean a street race. Police may try to add observations of engine revs, glances and acceleration to build a case. If you are charged, get advice on traffic offences in NSW, your options to plead not guilty, and possible licence consequences and appeals. Stay safe, be wary of assumptions, and know your rights. For help now call (02) 8806 0866 or use our contact page.
