Hoon Offence

Hoon Offence

A hoon offence, or ‘hooning’ is when you drive in a dangerous or reckless manner. Hoon offences include:-

• Speed racing or street racing
• Doing burnouts or doughnuts
• Drag racing
• Driving at a dangerous speed
• Being involved in a police chase or pursuit

The consequences of being found guilty of a hoon offence, can mean immediate suspension of your driver’s licence – even if it is your first offence. If that happens you cannot drive again until your matter goes to court. 

The police may also impound your vehicle or confiscate your number plates.

We outline some of the types of hoon offences and some of the possible penalties below.

Speed racing or street racing

Speed racing or street racing not only includes taking part in a race, but also can include organising or promoting a race not authorised by the Police. Speed racing or street racing includes:-

• A race on a NSW road
• Speed trials
• Any competitive trial or test on a NSW road
• Organising or promoting a speed race or street race

Penalties for speed racing or street racing are severe – even for a first offence. A first-time offender will potentially face up a 12 month licence disqualification and up to a $3,300 fine. A person who is a repeat offender may face up to 9 months imprisonment.

Drag racing or aggravated burnout offence

Drag racing and aggravated burnouts is where a driver deliberately causes their vehicle to continuously lose traction on the road. For example, if a driver over-accelerates causing the wheels to spin, or takes a corner too fast.

Charges of aggravated burnouts or drag racing include where:-

• You knowingly and intentionally drive a vehicle on the road where there is petrol, oil or other liquid on the road to cause a loss of traction
• You participate in a group activity that involves drag racing or doing burnouts
• You continue to operate a vehicle that has lost traction, rather than pull over
• You promote or photograph these activities in order to encourage the behaviour

Penalties for drag racing and aggravated burnouts are severe – even for a first offence. A first-time offender will potentially face up a 12 month licence disqualification and up to a $3,300 fine. A person who is a repeat offender may face up to 9 months imprisonment.

Driving at a dangerous speed

If you are caught speeding by more than 45km/h over the speed limit on a NSW road, you can be charged with driving at dangerous speeds, which is a hoon offence. You can also be charged with a serious speeding offence.

If you are convicted, you face a 6 month disqualification period and a $3,300 fine.

Police chase or police pursuit

If you evade a police pursuit and drive dangerously and not to pull over – this is a very serious offence.

The offence is constituted by:-

• not stopping when you know, or ought to have known, or had reasonable grounds to suspect, the police are in pursuit and have required that you stop the vehicle,
• that you do not stop, and
• You continue to drive recklessly, or at a speed or in a dangerous manner.

The penalty is severe. For a first offence there is a maximum penalty of 3 years imprisonment. There is an automatic disqualification of 3 years (assuming no previous offences in the 5 years before this incident). That disqualification can be reduced but only down to minimums.

Obviously other penalties mentioned above such as immediate suspension of license and seizure of your vehicle can also apply.

It is worth noting that driving your vehicle so as to cause serious injury or death also carries very severe penalties. 

What happens next?

Whether you choose to plead guilty or not guilty, given the severity of the possible consequences for a hoon offece, it is important to get expert legal advice and quality representation in court.

Call our criminal and traffic lawyer or book a free initial 15 minute telephone consult today.