Careless Driving

Careless driving is an offence under Section 65 (1) of the Road Safety Act. For an offence under Section 65 (1) the Prosecution must prove the following elements:

That the offence took place at the time and the place alleged; and
The person who committed the offence was the accused; and
The accused drove a motor vehicle on a highway; and
The vehicle was driven carelessly

It’s important to note that the term “highway” has a much broader definition than you might expect. It is defined in both the Road Safety Act and the Regulations, but in essence, it covers any public road, carpark or road related area. Specific advice can be provided on this issue if it is relevant to your case.

Careless Driving Victoria

There are a number of factors that need to be determined when considering whether an act of driving is “careless.” The key factor, however, is whether or not the person driving the motor vehicle was exercising the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances?

Careless Driving Penalties: What to Expect

If you go to Court for Careless driving and you plead guilty or are found guilty of this offence, you can be fined up to 12 penalty units for a first offence. VicRoads will also impose 3 demerit points on your licence. In addition to a fine and demerit points, a Magistrate has a discretion to suspend your licence. The decision as to whether or not to suspend your licence will depend on a number of factors. A Magistrate will usually take into account the following:

Did the careless driving result in an accident?
If there was an accident, was anyone injured?
Were there any other aggravating factors such as speed and/or hooning?
Do you have any relevant prior court appearances or offences?
How long have you held your licence?
Do you require your licence for the purposes of work or family obligations?

The purpose of legal representation is to minimise your penalty and to keep you on the road. Preparation is the key and there are a number of important steps that should be taken prior to your appearance that will dramatically increase your chances of retaining your licence. Similarly, depending on the circumstances of the offence, the Court sometimes finalise Careless driving offences by way of the Criminal Justice Diversion Program. This is an excellent outcome, but also requires careful preparation. If you’ve received a Diversion Notice for careless driving, get in touch and I can advise on the best way forward.

Alternative offences

It’s important to get advice if you are charged with any driving offence. Police will often charge people with a number of separate offences arising out of a single incident of driving. As outlined above, this creates alternative charges which can often be the subject of negotiation and subsequent withdrawal. If you chose to plead guilty, it’s important that you only plead guilty to the appropriate charges.

Furthermore, there are some offences that attract demerit points and some that don’t. In negotiating a plea with the Police, it’s important to consider all the issues and to minimise any future impact on your ability to drive.

As outlined above, while Careless driving doesn’t necessarily result in a loss of licence, if you are charged with certain alternative offences, they may actually result in a licence suspension or cancellation. For example, the charge of Dangerous driving (which is charged under Section 64 (1) of the Road Safety Act) has a mandatory licence loss of 6 months. Similarly, excessive speeding offences have a mandatory licence loss.

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In preparation for your Court date, I will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. I will ascertain why you came to find yourself in your current predicament. It is my job to help you to navigate this stressful time, while also providing the right advice to achieve the best possible outcome. I will also make recommendations about suitable and appropriate personal character references that will be tendered to the Magistrate during your Court appearance.

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 Trustindex verifies that the original source of the review is Google. Phil represented me on some driving charges. All round very good experience, very professional. Highly recommended. Will be using Phil again if needed for sure
  
 
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   Andrew P 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was lucky enough to have a mate that had been in several of the circumstances I found myself in recently, this was not the first time but the first time I reached out further than the abilities that Victoria Legal Aid should have serious concerns about. The legal aid attorney provided me with incorrect timeframes (50% less than the correct penalty) that were before the court today. If I didn’t reach out for an obligation free consultation, I would have represented myself and more than likely responding in a defensive manner that would have made things MUCH worse for myself. This is the person to call for help outside the capacity of family and friends when facing legal matters that have the ability to change your life forever. Thank you so much Phil. You have saved my life in a physical and mental sense. He also helps the community in another way that immediately earnt my respect as a professional and a committed member of the community in such a great way, please see the attached image in relation to that area of help.

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