Careless Driving
Careless Driving of a motor vehicle, commonly called Careless Driving or driving without due care, is an offence punishable in Queensland by 6 months imprisonment and/or 40 penalty units.
Section 83 of the Transport Operations (Road Use Management) Act 1995 creates the offence and states: “Any 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.”
To find you guilty of Careless Driving, the police must prove beyond reasonable doubt that you were not driving carefully and in a way that showed reasonable consideration for other road users. It does not matter whether or not you had an accident.
Whether or not you were driving carelessly will be assessed against the objective conditions at the place you were driving. Matters that will be relevant to the court’s consideration include the traffic on the road and the weather.
If you have been in an accident that resulted in injury to another person, or caused their death, you might be charged with Careless Driving, but it is also likely that you will be charged with Dangerous Driving, or another more serious offence. If you find yourself in this situation it is important that you obtain legal advice and/or representation at an early stage.
A charge of Careless Driving will be heard in the Magistrates Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
This article was written by Michelle Makela
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
About Armstrong Legal
Armstrong Legal is a national law firm with more than 30 years of experience helping Australians manage serious legal matters with clarity and care. We value client interests as priorities and provide guidance to help them make informed decisions, and we have offices in Sydney, Canberra, Melbourne, Brisbane, Mornington and Geelong.
We act promptly because we recognise that time limits can apply in different legal matters, whether you're interested in "estate litigation lawyer near me", "estate dispute lawyer newcastle" or "melbourne lawyers criminal". Our expert lawyers can provide guidance on matters such as child custody, property settlement and money laundering.
If you've been browsing for "apply for probate wa", "family provision claims lawyers brisbane" or "estate dispute lawyer canberra", our team can explain your options, what your likely next steps may be, potential costs and any time limits that may apply. Contact our approachable team of lawyers today for an assessment of your case.