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Careless Driving


John Sutton

In Victoria, the maximum penalty for Careless Driving is a fine of up to 12 penalty units for a first offence and a fine of up to 25 penalty units for a second or subsequent offence.



Penalties the Court can impose for this charge:

THE OFFENCE OF CARELESS DRIVING:

The offence of Careless Driving is contained in section 65 of the Road Safety Act 1986 which states: A person who drives a motor vehicle on a highway carelessly is guilty of an offence.

WHAT ACTIONS MIGHT CONSTITUTE CARELESS DRIVING?

  • Failing to do a proper head-check;
  • Remaining stationary at traffic lights for a period of time after the lights have turned green;
  • Driving too fast in slippery road conditions;
  • Swerving into another lane without indicating.

WHAT THE POLICE MUST PROVE:

To convict you of Careless Driving, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • You were driving a motor vehicle; and
  • While driving that motor vehicle, you failed to exercise the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances.

POSSIBLE DEFENCES FOR CARELESS DRIVING:

Possible defences to a charge of Careless Driving include but are not limited to:

  • Identity dispute;
  • Factual dispute (in other words, you were driving with a reasonable amount of care).

WHICH COURT WILL HEAR YOUR MATTER?

Careless Driving is a summary offence and will be heard at the Magistrates’ Court.


where to next?

Traffic offences are treated seriously in Victoria. If you have been in an accident, received a licence suspension or received a charge and summons to attend court, it is important to obtain competent legal advice as early as possible. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.

Why Choose Armstrong Legal?

Contact Armstrong Legal:
Melbourne: (03) 9620 2777
Sydney: (02) 9261 4555
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100