Charges
Menacing driving
Road Transport Act 2013 (NSW) s 118; disqualification under s 205(2)(d)
What is the maximum penalty for menacing driving in NSW?
Maximum penalty. With intent to menace, s 118(1): 30 penalty units ($3,300) or imprisonment for 18 months or both for a first offence, and 50 penalty units ($5,500) or imprisonment for 2 years or both for a second or subsequent offence. Where the driver ought to have known another person might be menaced, s 118(2): 20 penalty units ($2,200) or imprisonment for 12 months or both for a first offence, and 30 penalty units or imprisonment for 18 months or both for a second or subsequent offence. Licence: s 118 is a major offence, so s 205(2)(d) applies: automatic disqualification of 3 years, with a court discretion to order a shorter period of not less than 12 months, or a longer period.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
Menacing driving is driving a motor vehicle on a road in a way that menaces another person, either intending to menace them or in circumstances where the driver ought to have known someone might be menaced. The threat can be to a person or to property, and the other person or property does not have to be on the road. It is a defence if the driver could not, in the circumstances, reasonably have avoided menacing the other person.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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