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 that helps Australians manage serious legal matters across areas, such as contested wills, criminal law, family law, corporate crime and traffic law. We approach every case with transparency and honesty, ensuring you feel listened to, informed and confident in your decisions.
Our national team includes lawyers across Australia who understand diverse cultures and support clients from a wide range of backgrounds, so you can ask them about topics related to "applying for a caveat over probate in nsw application forms", "criminal lawyer hornsby" or "toowoomba break and enter charges" with ease. If you are facing legal matters such as de facto relationships, fraud or drunk driving, our lawyers can explain your rights, weigh your options and advise on the likely path forward.
If you've been browsing for "dangerous driving lawyer", "can a will be contested by a sibling" or "criminal defence attorneys", our team can explain your options, what your likely next steps may be, potential costs and any time limits that may apply. Speak with our friendly team of lawyers now for an assessment of your case.