Careless Driving

What is the offence?

Little man holds a red Question MarkAny person who drives a motor vehicle on a road or elsewhere without due care and attention or without reasonable consideration for other persons using the road or place is guilty of an offence.
 

 

 

What is the penalty?

Golden balanceMaximum penalty 40 penalty units of 6 months imprisonment
If the offender:

  1. (a) At the time of committing the offence is adversely affected by an intoxicating substance; or
  2. (b) At the time of committing the offence is excessively speeding or taking part in an unlawful race or unlawful speed trial; or
  3. (c) Has been previously convicted either upon indictment or summarily of an offence against this section;

the person commits a crime.

Maximum penalty-400 penalty units of 5 years imprisonment.

If the offender has been:

  1. (a) Previously convicted either upon indictment or summarily of an offence against this section committed while the offender was adversely affected by an intoxicating substance; or
  2. (b) Twice previously convicted either upon indictment or summarily (or once upon indictment and once summarily) of the same prescribed offence of different prescribed offenses;
  3. (c) The court or justices shall, upon conviction, impose as the whole or part of the punishment, imprisonment.

What does the court take into account in sentencing?

JudgeThere are a number of factors that the court will take into account when determining the appropriate penalty. These include:

  • The reason for your driving at the time of the offence.
  • Your previous traffic history.
  • Was the unlicensed driving associated with the commission of another offence.
  • Your personal circumstances.
  • Any other circumstances the Court considers relevant.

Frequently asked questions.

FAQ Q. Do the Courts consider careless driving to be a serious offence?
A. In the range of like offences, careless driving falls towards the lower end of the range. Most often the offence is a matter of momentary inattention.

Q. If I am convicted of careless driving will I loose my license?
A. This is a matter of judicial discretion. If the offending was more accidental and momentary the court will often accept that no disqualification ought be imposed. However where the conduct is more deliberately a disqualification period is likely.

If you have been charged with the offence of Careless Driving, you need to speak with a lawyer. Contact our traffic law team today to discuss your options.