Careless Driving
Careless driving is where a driver has failed to exercise the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances. In the Road Safety Act 1986 section 65, the offence of careless driving is outlined as:
“A person who drives a motor vehicle on a highway carelessly is guilty of an offence”
What actions may constitute careless driving?
The following actions include what may be considered careless driving:
- Failing to do a correct head-check;
- Speeding in slippery road conditions;
- Swerving into lanes without indicating;
- Remaining still at traffic light for a period after the lights have turned green.
What prosecution must prove?
In order for the police to convict for a careless driving charge, they must prove beyond reasonable doubt:
- The accused was driving a motor vehicle; and
- The accused, while driving, failed to exercise the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances.
Defences for careless driving
The possible defences for a charge of careless driving will include but are not limited to:
- The accused was not the driver;
- The accused was driving with a reasonable amount of care.
Penalties
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.
What next?
The charge of careless driving is a summary offence and will be heard at the Magistrates Court.
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