Careless Driving

by Bernadette L · Updated April 2, 2019

- 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.

Examples of Careless Driving

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.

Defences

The driving was due to a sudden and extraordinary emergency.
Someone else was responsible for the driving.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this

What were the circumstances of the driving?
Was someone mistakenly identified?

Penalty & Sentencing

Maximum penalty and court that deals with this charge

Careless 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.

Legislation

The section that covers this offence is section 65 of the Road Safety Act 1986.