Predatory Driving
Being charged with predatory driving is extremely serious. The offence involves allegations that a driver intentionally pursued or drove dangerously close to another vehicle with the aim of causing an accident and bringing about harm to another person.
If you are facing predatory driving charges, it is completely normal to feel overwhelmed, stressed, or frightened — particularly if you believe the allegations are false or exaggerated. A conviction can carry severe penalties, including imprisonment and long-term licence disqualification, making early legal advice essential.
At Criminal Lawyers Group, our experienced traffic and criminal defence lawyers, led by Steven Mercael, provide strategic, fearless representation to clients charged with predatory driving across Sydney and New South Wales.
What Is Predatory Driving?
Under NSW law, predatory driving refers to conduct where a person:
- Drives a motor vehicle on a public road, and
- Intentionally pursues or drives close to another vehicle, and
- Engages in conduct that causes or threatens a collision, and
- Does so with the intention of causing actual bodily harm to another person.
“Actual bodily harm” means an injury that is more than trivial, such as bruising, scratches, or significant psychological harm.
Because intent is a critical element, predatory driving charges are often contested and can be successfully defended with the right legal strategy.
Pleading Not Guilty to Predatory Driving
If you maintain your innocence, you should speak to a criminal defence lawyer immediately about entering a plea of not guilty and contesting the charges in court.
To secure a conviction, the prosecution must prove every element of the offence beyond a reasonable doubt, including that:
- You were driving on a public road
- You pursued or drove close to another vehicle
- Your conduct caused or threatened a collision
- You intended to cause actual bodily harm to another person
If any one of these elements cannot be proven, the court must find you not guilty.
How Criminal Lawyers Group Can Defend Your Case
Our lawyers carefully analyse all prosecution evidence, including:
- Dashcam and CCTV footage
- Witness statements
- Police body-worn video
- Accident reconstruction evidence
By identifying weaknesses or inconsistencies early, we can often negotiate with prosecutors to have charges withdrawn or downgraded, avoiding the stress and cost of a hearing.
If the matter proceeds to court, Steven Mercael and our experienced advocates will present a strong defence, including evidence that:
- The driving conduct was accidental, not intentional
- Road, traffic, or weather conditions caused the incident
- There was no intention to cause harm
Possible Legal Defences
Depending on the circumstances, available defences may include:
- Duress – you were threatened or forced to drive in a particular way
- Necessity – your actions were taken to prevent serious injury or danger
- Lack of intent – the prosecution cannot prove you intended to cause harm
Pleading Guilty to Predatory Driving
In some cases, you may decide to plead guilty — particularly where the evidence is strong. An early guilty plea can result in a sentencing discount, as it demonstrates remorse and acceptance of responsibility.
However, never plead guilty without first obtaining legal advice. There may be defences available, or the charge may be capable of being reduced.
Penalties for Predatory Driving in NSW
The maximum penalty for predatory driving is 5 years’ imprisonment. This maximum is reserved for the most serious cases.
The court will assess factors such as:
- The extent of any collision or damage
- The severity of injuries
- Your criminal and traffic history
- Your character and prospects of rehabilitation
With skilled representation, many cases result in significantly reduced penalties.
Possible Sentencing Outcomes
Depending on your case, the court may impose:
- Section 10 Dismissal (no conviction)
- Conditional Release Order (CRO)
- Fine
- Community Correction Order (CCO)
- Intensive Correction Order (ICO)
- Full-time imprisonment
In appropriate cases, our lawyers have successfully obtained non-conviction outcomes, allowing clients to keep their licence and avoid a criminal record.
Speak to an Experienced Predatory Driving Lawyer Today
Predatory driving allegations require immediate and strategic legal action. At Criminal Lawyers Group, we fight hard to protect your freedom, licence, and future.
👉 Visit https://www.criminallawyersgroup.com.au
📞 Arrange a free initial consultation with Steven Mercael and our expert criminal defence team today.
Disclaimer:
This information is general in nature and does not constitute legal advice. Every case is different and legal advice should be obtained based on your individual circumstances.