Careless Driving – Adjourned Undertaking, No Licence Loss
Our client was a truck a driver. As he was turning a particularly tight bend, his truck toppled and the contents of the load spilled onto the highway. No person was injured but it caused a major disruption to traffic flow.
He was charged with Careless driving and we represented him at the Melbourne Magistrates’ Court.
The Magistrate indicated that if our client were to enter a plea of guilty to the matter, it would be dealt with by way of a bond and there would be no interference with his licence. Our client then instructed us and wished to finalise the matter on this basis and was accordingly sentenced to a 6-month Adjourned Undertaking (Good Behaviour Bond) with no interference on his licence.
Prior to our client commencing his shift on the day of the incident, he had noticed that there was a crack in the base of the trailer. He took photographs of the crack and brought it to the attention of the management, which had then given him the all-clear to proceed with the delivery. We sought advice from forensic engineers as to the effect that such a structural defect could have on the stability of the truck as it makes a turn. We were able to approach the prosecution with information that explains the contributing factors to the accident, and that it was not purely due to a fault on the part of our client’s driving and handling of the vehicle. The Magistrate was persuaded that our client was not driving dangerously.
Given our client’s line of work, it was imperative for him that he not lose his licence.
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 25/02/2013