Careless Driving

Careless driving is the sort of charge regularly heard in the Magistrates Court.

There is a maximum penalty of 6 penalty units for anyone found guilty of careless driving as a first offence and 12 penalty units for anyone found guilty of careless driving as a second offence.

This charge is generally laid in situations where a person drives a motor vehicle on a highway carelessly. Carelessly is objective so it just means that you caused an accident not that you intended to cause an accident.

In essence to prove this charge the Police must prove that the accused drove a motor vehicle on a highway carelessly.

Defences to this can be duress, a factual dispute, wrongful identification or necessity.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 65 of the Road Safety Act 1986.

Possible Defences

  • Duress
  • Necessity
  • Charges are Statute Barred
  • Sudden or Extraordinary Emergency
  • Factual and/or Identity Dispute and Concept of Beyond Reasonable Doubt

Penalties

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order

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