Application for Diversion – Careless Driving

This is a case study on an application for diversion for Careless Driving.

What is alleged to have occured?
Our client was driving alone in their vehicle when they lost concentration and failed to negotiate a sweeping bend in the roadway. The client had been driving for a lengthy period of time and was fatigued. The client lost control of the vehicle, colliding with a traffic pole and flipping the vehicle onto it’s roof. Despite being a normally busy road, no other vehicles were involved. The client was charged with Careless Driving.

What happened at court?
We represented the client at the Moorabbin Justice Centre.

Through discussions with the police officer who charged our client, we were able to persuade the police to support diversion being granted in this case. A series of supporting documents, coupled with written submissions as to why diversion was appropriate, were provided to the police as a part of this process.

At court, we assisted the client in the meeting with the diversion coordinator to put the best possible case forward in support of diversion being granted.

What was the result?
Diversion was ultimately granted, which was important for our client who had no prior driving offences and managed to keep a clean record. The successful application for diversion for Careless Driving also meant that the client’s licence was not suspended or disqualified by the court.

Elements of Careless Driving:
  • The accused drove a vehicle carelessly.
  • The vehicle was a motor vehicle.
  • The accused drove on a highway.
Related case studies
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 04/04/2019