Diversion Application for Careless Driving

This is a case of diversion application for Careless Driving.

What is alleged to have occured?
Our client was charged with one count of Careless Driving. She was driving her partner’s ute on a suburban street early in the morning and in a moment of fatigue and inattention, had an accident and ran into a stationary and unattended car. The damage caused to the other vehicle was reasonably significant. Our client was 21 years of age and on a probationary licence at the time of the incident. No one was hurt and our client was alone in the vehicle when she was driving.

What happened at court?
We represented the client at the Melbourne Magistrates’ Court.

The matter proceeded by way of diversion hearing. It is a two-step process whereby the prosecution (police prosecutors in the Magistrates’ Court) has to first agree and then the Magistrate needs to consider the application. It is not always easy to persuade the police to support diversion for traffic matters and hence, there is a real possibility that a diversion application for Careless Driving may not be granted.

For this case, we started with giving focus on the conduct of our client at the scene. There was no one present when the accident occurred but she remained at the site of the accident and called the police herself. Further, she had ensured through insurance that the victim of the damage was fully compensated.

Our client was a student nurse and had a job working for a pathology clinic. As part of her work, she relied heavily on her licence. If the diversion is to be refused and the matter dealt with in court as usual, there is a significant chance for her to lose her licence for a short period which would have placed her job in real jeopardy.

What was the result?
Further, our client wants to avoid any record whatsoever so that there is nothing that could potentially interfere with her upcoming career as a nurse. Often minor driving matters do not appear on a police check anyway, but obtaining a diversion provided our client with a peace of mind. We worked with our client in obtaining positive supporting materials to put before the court and, ultimately, the diversion application for Careless Driving proved to be successful. This means that our client is guaranteed to avoid any criminal record.
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 26/06/2017