DRIVING RECKLESSLY

According to the search results, for a reckless driving offence under Section 117(2) of the Road Transport Act 2013 in New South Wales, the license disqualification periods are: First Offence:

• Minimum license disqualification period: 12 months
• Maximum license disqualification period: Unlimited (at the court's discretion)
• Automatic disqualification if no court order: 3 years
  
  

Second or Subsequent Offence:

• Minimum license disqualification period: 2 years
• Maximum license disqualification period: Unlimited (at the court's discretion)
• Automatic disqualification if no court order: 5 years
  
  

So for a first reckless driving conviction, the mandatory minimum license disqualification is 12 months. However, the magistrate has discretion to impose a longer disqualification period if warranted by the circumstances.

If no specific disqualification period is ordered by the court, tHERE is an automatic 3 year disqualification period for a first offence.

For repeat reckless driving offenders, the mandatory minimum disqualification increases to 2 years. The court can also apply an unlimited disqualification at their discretion. Without a court order, tHERE is an automatic 5 year disqualification.

The key points are that for both first and repeat offences, tHERE are mandatory minimum disqualification periods of 12 months and 2 years respectively. But the court retains discretion to impose much longer or unlimited disqualification periods depending on the seriousness of the offence and other factors.

According to the search results, when determining the severity and appropriate penalties for a reckless driving case, courts in New South Wales will generally consider the following key factors:

1. Degree of Danger Posed
   The level of risk or danger created by the reckless driving conduct is a critical factor. Courts will look at things like excessive speed, erratic maneuvers, disregard for traffic signals/signs, proximity to other vehicles/pedestrians etc. The greater the potential for causing harm, the more severe the penalties.
2. Actual Harm or Damage Caused
   If the reckless driving resulted in injury to others, damage to property or other adverse consequences, this will be viewed as an aggravating factor attracting harsher penalties.
3. Driving Record and Criminal History
   A clean driving and criminal record may result in more leniency, while a history of prior traffic offences, especially similar offences, will likely lead to tougher penalties as a deterrent.
4. Mitigating Circumstances
   Courts can consider mitigating factors like difficult personal circumstances, efforts at rehabilitation, showing remorse, or the impacts a conviction would have on employment/family. This may reduce penalties.
5. Alcohol/Drug Impairment
   If the reckless driving was exacerbated by the driver being under the influence of alcohol or drugs, this is viewed as an aggravating factor warranting stricter penalties.
6. Speed and Manner of Driving
   Excessive speed, aggressive driving behaviors like burnouts/drifting, or a prolonged period of reckless driving can increase the seriousness in the court's view.
   
   
   

The courts aim to impose penalties that reflect the culpability of the offender's actions while considering both aggravating factors that may warrant harsher punishment and any mitigating circumstances. The overarching principles are deterrence, denunciation, and protecting public safety on the roads.