SentencingSentencing in the higher courts of Victoria Sentencing in the Magistrates’ Courts of Victoria
- 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 charge
Careless Driving (s65 of the Road Safety Act 1986) 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.
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