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.