Careless Driving

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. The offence of careless criving is contained in section 65 of the Road Safety Act 1986 which states: “A person who drives a motor vehicle on a highway carelessly is guilty of an offence.”

What Actions Might Constitute Careless Driving?

Actions that could be deemed careless driving include:

• failing to do a proper head-check;
• remaining stationary at traffic lights for a period of time after the lights have turned green;
• driving too fast in slippery road conditions;
• swerving into another lane without indicating.

What The Police Must Prove

To convict you of careless driving, the prosecution must prove each of the following elements beyond a reasonable doubt:

• you were driving a motor vehicle; and
• while driving that motor vehicle, you failed to exercise the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances.

Possible Defences For Careless Driving

Possible defences to a charge of careless driving include but are not limited to:

• identity dispute;
• factual dispute (in other words, you were driving with a reasonable amount of care).

Which Court Will Hear Your Matter?

Careless driving is a summary offence and will be heard at the Magistrates’ Court.

For advice or representation in any legal matter, please contact Armstrong Legal.