Application for Diversion – Careless Driving

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

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.

Brent Casey 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. 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.

 
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Brent CaseyBrent Casey

Brent is based in our Broadmeadows office and has over 10 years experience in Criminal Law. An Accredited Criminal Law Specialist, Brent works hard to protect the rights of his clients and present their cases diligently and determined to get the best possible result.

Visit Brent’s profile to read more about his background.
 


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