Traffic Law

Menacing and Predatory Driving

Menacing driving

Menacing driving involves causing another person to fear harm to their person or property. This offence is found in the Road Transport Act 2013. The available penalties are mandatory disqualification periods upon conviction and imprisonment. The elements of the offence are easier to prove than the elements to a predatory driving charge and are also less serious in nature.

Predatory driving

Predatory driving also involves the use of a motor vehicle to cause fear of harm, however, the criminal intent involved is more serious, and the type of harm that is contemplated is specific. In short, it involves using a vehicle to cause or threaten an impact with another vehicle, with the intention to cause an occupant of the other vehicle actual bodily harm. This is a serious offence and is found in the Crimes Act 1900.

Being charged with any of these offences is a serious matter, particularly predatory driving. Sometimes, in the right circumstances, an experienced criminal lawyer can persuade police to reduce a charge of predatory driving to menacing driving. The difference can often mean escaping a gaol term.

If you have been charged with menacing or predatory driving and require legal assistance, we invite you to contact your nearest Prime Lawyers office.

We have offices at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.    

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