Careless Driving – Withdrawn
This is a case of Careless Driving that got withdrawn.
Our client was charged with Careless Driving and Driving Causing Loss of Traction. The police allegedly observed our client pulling out of a service station in their vehicle before accelerating rapidly, causing the tyres to lose grip and the rear end of the vehicle to slide out into the right hand lane, then back again into the left hand lane. Our client was intercepted by the police and the vehicle was impounded under the hoon legislation for a minimum period of 30 days.
We acted on the client’s behalf at the Broadmeadows Magistrates’ Court on the following charges:
- Drive Vehicle Causing Loss of Traction
- Careless Driving
We negotiated the charges with the police prosecutors and had the more serious charge of Careless Driving withdrawn. On a plea in mitigation to a single charge of Driving a Vehicle Causing Loss of Traction, we produced evidence that the client had been unable to collect his vehicle after 30 days due to a stay in hospital. By the time he was released and collected his vehicle, he had paid significantly more than the fees that are usually incurred for vehicle impoundment. We also presented material to the court to confirm his good character, his limited history of driving offences, and other relevant personal circumstances.
The magistrate was persuaded not to impose any type of financial penalty, taking into account the materials before the court. After hearing our submissions, the court instead found the charge proven and dismissed it, without recording any conviction. The court did not make any orders against our client’s license.
This was an exceptional result: the charge of Careless Driving withdrawn and the remaining charge eventually dismissed. It is the lowest sentencing outcome available to a court on a plea of guilty to a charge. Our client was spared any further financial burden and avoided any conviction or other penalty.
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 25/07/2017