Author: Ophelia Hollway
Practice area: Traffic Offences
Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George, appearing regularly as a solicitor advocate across Victorian courts and having practised exclusively in criminal law since admission. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Ophelia authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Careless Driving?
Careless Driving is an offence in Victoria under section 65 of the Road Safety Act 1986. It applies where a person drives a motor vehicle on a highway without demonstrating the care and attention expected of a reasonable person.
Key points
- The prosecution must prove you drove a motor vehicle on a highway and did so without reasonable care and attention.
- Examples include failing to give way, tailgating and colliding, or swerving within a lane for no reason.
- Careless driving is usually heard in the Magistrates’ Court.
The maximum penalty for Careless Driving is 12 penalty units ($2,509.20) for a first offence and 25 penalty units ($5,227.50) for a subsequent offence.
Common defences may include a sudden and extraordinary emergency; someone else was responsible for the driving; mistaken identification.
Have you been accused of Careless Driving?
Police Interview
The Police interview is an important part of the investigation process. The Police are trained in interview techniques that encourage you to reveal information that assist their case against you, it is not a search for the truth. The Police will use your answers to bolster their prosecution and may misinterpret things you say.
Please call us to discuss your matter and get advice from one of our experienced defence lawyers who can give you useful advice about the implications of answering questions.
Pleading Not Guilty
If you are pleading not guilty to a charge of Careless Driving in the Magistrates’ Court, the matter will proceed to a contested hearing. A contest is where the Magistrate hears the evidence and decides if you are guilty or not.
Our lawyers go to Court every single day and contest all types of driving matters. Our lawyers know how to build a defence and pick apart a weak prosecution case. We may be able to do investigations of our own on your vehicle or the accident site to find evidence that supports your version of events such as looking for cctv or dash cam footage.
Pleading Guilty
If you are pleading guilty it is important that you engage an expert lawyer to make a plea on your behalf. A prepared plea can ensure that you have the best chance at receiving the minimum penalty for your offending. There is no mandatory license disqualification for this offence but the Magistrate has discretion to make orders against your license. Our lawyers deal with driving offences every day and can help you get a favourable outcome.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Road Safety Act 1986 (Vic) s 65(1) — 35 charges, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Fine | 80.0% |
| Other | 11.4% |
| Community Correction Order | 8.6% |
Sentencing in the Magistrates’ Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Road Safety Act 1986 (Vic) s 65 — 8,999 charges across 8,787 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Fine | 68.0% |
| Adjourned Undertaking | 19.5% |
| Community Correction Order | 8.1% |
| Discharge/Dismissal | 3.1% |
| Imprisonment | 1.2% |
| Other | 0.1% |
This indicates there is not a significant likelihood of jail for this offence, particularly for first-time or less serious matters.
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.
If you are facing a charge and are puzzled by a high reading, you can use our blood alcohol calculator to estimate BAC levels and better understand how alcohol is processed by the body
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?
Maximum penalty and court that deals with this charge
Careless Driving (s65 of the Road Safety Act 1986) has a maximum penalty of 12 penalty units ($2,509.20) for a first offence and 25 penalty units ($5,227.50) 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.
What is the legal definition of Careless Driving?
Legally, Careless Driving means driving a motor vehicle on a road carelessly.
