What is the Offence of Hoon Driving or Reckless Driving?

In Victoria, hoon driving and reckless driving are serious traffic offences under the Road Safety Act 1986 (Vic). These offences involve driving in a dangerous, careless, or irresponsible manner that puts lives and property at risk.

You can be charged with hoon or reckless driving for:

• Excessive speeding (25 km/h or more over the limit).
• Street racing or engaging in speed trials.
• Burnouts or doughnuts in public places.
• Evading police when directed to stop.
• Driving in a manner that is dangerous to the public.

Victoria has strict anti-hoon laws, allowing police to immediately impound your vehicle for up to 30 days if you are caught engaging in hoon behaviour.

What the Prosecution Must Prove

For a conviction, the Prosecution must establish:

1. You were driving a motor vehicle — Includes being in control of the car.
2. Your driving was reckless or dangerous — This means:
   • Driving at excessive speed.
   • Engaging in racing or burnouts.
   • Driving in a manner that risks public safety.
3. Police lawfully detected and charged you — The evidence may include speed cameras, police pursuit footage, or witness statements.

Penalties for Hoon & Reckless Driving in Victoria

The penalties for reckless driving and hoon offences are severe, especially for repeat offenders.

• Licence Suspension or Cancellation — Immediate disqualification for serious offences.
• Vehicle Impoundment — First offence = 30 days, repeat offences = possible vehicle confiscation and crushing.
• Heavy Fines — Up to 240 penalty units (over $50,000).
• Imprisonment — Up to 2 years for severe cases or repeat offences.

Possible Defences to Hoon or Reckless Driving Charges

✓ Lack of Evidence — If police cannot prove that you were driving dangerously.
✓ Mechanical Defect — If the vehicle malfunctioned and caused loss of control.
✓ Emergency Situation — If reckless driving was necessary to avoid harm.
✓ Mistaken Identity — If another person was driving the vehicle at the time.

Charged with Hoon or Reckless Driving? Contact Us for Expert Legal Advice

If you have been charged, it is crucial to seek legal advice as soon as possible. A conviction can result in a criminal record, loss of licence, and financial penalties. Our experienced traffic lawyers at Elbob & Stephenson Legal can assess your case, explore possible defences, and work to minimise the impact on your life.

☎ Contact us today on 1800 117 533 to schedule a consultation.