- section 65 of the Road Safety Act 1986
Careless Driving is usually used when the police think that you didn’t drive with the care and attention of a reasonable person.
- A driver fails to give way at a give way sign and causes a collision.
- A driver tailgates a car, and then crashes into the car when it slows down suddenly.
- A driver swerves for no reason in their own traffic lane.
Our client had got into his car after work. He reversed his car, and at that moment was blinded by bright sunlight. He reversed, and accidentally drove into another parked car where a person was trying to enter her vehicle. She was pinned between her door and her car and broke her pelvis in multiple places. She could not work for three months and required extensive physiotherapy. Following our submissions, the magistrate imposed a fine and licence suspension.
- The driving was due to a sudden and extraordinary emergency.
- Someone else was responsible for the driving.
Questions in cases like this
- What were the circumstances of the driving?
- Was someone mistakenly identified?
Maximum penalty and court that deals with this chargeCareless Driving has a maximum penalty of 12 penalty units ($1,865.52) for a first offence and 25 penalty units ($3,886.50) for a subsequent offence.
Careless driving is usually heard in the Magistrates’ Court.
The section that covers this offence is section 65 of the Road Safety Act 1986.
What is the legal definition of Careless Driving?Legally, Careless Driving means driving a motor vehicle on a road carelessly.
Other Important Resources
- Victoria Legal Aid: Careless Driving
- Careless Driving in Victoria
- FindLaw: Careless Driving
- Victorian Sentencing Council: Major Driving Offences Current Sentencing Practices
What can you be sentenced to for this charge?You can only get a fine for this charge as it is considered a minor offence.
If in Magistrates’ Court: