Careless Driving

Phil Simpson

Phil Simpson has been a Barrister at the Victorian Bar for over 25 years. During this time, he has appeared for thousands of clients in a wide variety of cases. Phil spends most of his time appearing in the Magistrates’ Court for people who have been charged by the Police with all manner of driving offences including:

Careless driving
Suspended and disqualified driving
Unlicenced driving
Drink driving
Drug driving
Hoon driving
Dangerous driving
Leaving the scene of an accident and other police charges arising from motor-vehicle accidents

Phil has a thorough knowledge of the law and is also pragmatic. He is known for his approachability and down-to-earth approach. He works hard for his clients and he is determined to get each of his clients the best possible outcome.

Phil understands that the Court process can be a very stressful experience – for the person charged as well as their partners, parents and family. Sensitive to this, Phil will always take the time to thoroughly explain to every client the steps that are involved in achieving the best outcome. He will explain the “legal speak” in a way that makes sense and he is available via text, phone and email to answer any questions that you may have.

The vast majority of driving offences in Victoria are dealt with under the Road Safety Act.

Some of the common driving offences are:

Careless Driving – Section 65
Driving in a manner or at a speed that is dangerous – Section 64(1)
Improper use of a motor vehicle – Loss of traction – Section 65A
Duty of a driver if an accident occurs -Section 61

There are also a range of offences that are contained in the Road Safety Road Rules 2017 which are often charged in addition to Dangerous driving and Careless driving.

These additional offences are generally referred to as Hoon offences. Typical hoon driving offences relate to burnouts and/or drifting on public roads, highways and road related areas. The most common hoon offences are as follows:

Fail to have proper control of a vehicle (Regulation 297)
Making unnecessary noise or smoke (Regulation 291)
Improper use of motor vehicle (Section 65A Road Safety Act)

Careless Driving

Careless driving is an offence under Section 65 (1) of the Road Safety Act. For an offence under Section 65 (1) the Prosecution must prove the following elements:

That the offence took place at the time and the place alleged; and
The person who committed the offence was the accused; and
The accused drove a motor vehicle on a highway; and
The vehicle was driven carelessly

It’s important to note that the term “highway” has a much broader definition than you might expect. It is defined in both the Road Safety Act and the Regulations, but in essence, it covers any public road, carpark or road related area. Specific advice can be provided on this issue if it is relevant to your case.

What does “carelessly” actually mean?

There are a number of factors that need to be determined when considering whether an act of driving is “careless.” The key factor, however, is whether or not the person driving the motor vehicle was exercising the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances?

Penalties for Careless driving

If you go to Court for Careless driving and you plead guilty or are found guilty of this offence, you can be fined up to 12 penalty units for a first offence. VicRoads will also impose 3 demerit points on your licence. In addition to a fine and demerit points, a Magistrate has a discretion to suspend your licence. The decision as to whether or not to suspend your licence will depend on a number of factors. A Magistrate will usually take into account the following:

Did the careless driving result in an accident?
If there was an accident, was anyone injured?
Were there any other aggravating factors such as speed and/or hooning?
Do you have any relevant prior court appearances or offences?
How long have you held your licence?
Do you require your licence for the purposes of work or family obligations?

Depending on the above factors, the aim of seeking legal representation is to minimise your penalty and to keep you on the road. Preparation is the key and there are a number of important steps that should be taken prior to your appearance that will dramatically increase your chances of retaining your licence.

Alternative offences

It’s important to get advice if you are charged with any driving offence. Police will often charge people with a number of separate offences arising out of a single incident of driving. As outlined above, this creates alternative charges which can often be the subject of negotiation and subsequent withdrawal. If you chose to plead guilty, it’s important that you only plead guilty to the appropriate charges.

Furthermore, there are some offences that attract demerit points and some that don’t. In negotiating a plea with the Police, it’s important to consider all the issues and to minimise any future impact on your ability to drive.

As outlined above, while Careless driving doesn’t necessarily result in a loss of licence, if you are charged with certain alternative offences, they may actually result in a licence suspension or cancellation. For example, the charge of Dangerous driving (which is charged under Section 64 (1) of the Road Safety Act) has a mandatory licence loss of 6 months. Similarly, excessive speeding offences have a mandatory licence loss.

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Being charged by the Police can be extremely stressful

There are always a range of reasons why people find themselves charged with driving offences. It’s easy to feel like a criminal, even if it’s your first time before a Court. Good people often find themselves charged with Careless driving. The right advice can put your mind at ease.

Common reasons for offending are as follows

An uncharacteristically bad decision
Peer group pressure
Fatigue
Inattention
Inexperience

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Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understands the complexities of both the process and the law.

What options do I have from here?

In preparation for your Court date, I will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. I will ascertain why you came to find yourself in your current predicament. It is my job to help you to navigate this stressful time, while also providing the right advice to achieve the best possible outcome. I will also make recommendations about suitable and appropriate personal character references that will be tendered to the Magistrate during your Court appearance.