Careless Driving

A charge of careless driving may seem less serious than other traffic offences, but it can still result in a criminal conviction, fines and the loss of your driver licence. 

Many careless driving charges arise after a motor vehicle accident, but an accident is not required for the offence to be committed. If you have been charged with careless driving, it is important to understand what the prosecution must prove, the penalties that may apply and whether the charge can be defended.

What Is Careless Driving?

Careless driving is an offence under the Road Safety Act 1986 (Vic). A person commits the offence if they drive a motor vehicle on a highway carelessly.

“Carelessness” is concerned with the standard of driving expected of a reasonable driver. It does not require the prosecution to prove that your driving was dangerous or reckless. Instead, the question is whether you failed to exercise the degree of care that a reasonable driver would have exercised in the same circumstances.

Examples of conduct that may lead to a careless driving charge include failing to keep a proper lookout, following another vehicle too closely, failing to give way or becoming distracted while driving.

What Must the Prosecution Prove?

To obtain a conviction, the prosecution must prove beyond reasonable doubt that:

• you drove a motor vehicle;

• the driving occurred on a highway; and

• your driving was careless.

Whether driving was careless is determined objectively. The court will consider all of the surrounding circumstances, including the condition of the road, the traffic, the weather, visibility and the actions of other road users.

A simple error of judgment does not automatically amount to careless driving. The prosecution must prove that your driving fell below the standard expected of a reasonable driver.

Is Careless Driving the Same as Dangerous Driving?

No.

Although the two offences are often confused, dangerous driving is a more serious offence.

Careless driving involves a failure to exercise reasonable care, whereas dangerous driving requires the prosecution to prove that the speed or manner of driving was dangerous to the public having regard to all of the circumstances.

The distinction is important because dangerous driving carries significantly more serious penalties, including a mandatory minimum period of licence disqualification.

What Are the Penalties?

If convicted of careless driving, the court has the power to impose:

• a criminal conviction;

• a fine;

• a period of licence disqualification in appropriate cases; and

• other sentencing orders depending on the circumstances.

The penalty imposed will depend on factors such as the seriousness of the driving, whether anyone was injured, your traffic history and whether there are any aggravating features.

Where careless driving results in an accident causing injury or significant damage, the court is likely to treat the offence more seriously.

Vic Roads will also record 3 demerit points against your licence. This can have the effect of tipping you over the demerit point limit and Vic Roads suspending your licence, even if the court does not.

Can Careless Driving Charges Be Defended?

Yes.

Like every criminal offence, careless driving charges can be defended where the prosecution cannot prove the offence beyond reasonable doubt.

Issues that may arise include whether:

• your driving was actually careless;

• another driver’s actions caused the collision;

• road or weather conditions contributed to the incident;

• there is conflicting witness evidence; or

• the prosecution cannot establish exactly how the incident occurred.

In many cases, liability for a collision is not as straightforward as it first appears. Careful examination of witness statements, photographs, dashcam footage and accident reports may identify weaknesses in the prosecution case.

Should I Plead Guilty?

Whether you should plead guilty depends on the evidence and your individual circumstances.

Before making that decision, it is important to understand whether the prosecution can prove that your driving was careless, whether any legal defences are available and what penalty you are likely to receive if convicted.

Obtaining legal advice before entering a plea can ensure that you make an informed decision and that any available arguments are properly presented to the court.

Speak to Wilkinson Lawyers

If you have been charged with careless driving, Wilkinson Lawyers can help. We regularly represent clients facing traffic offences throughout Victoria. We can carefully assess the prosecution evidence, advise whether the charge can be defended and, where appropriate, negotiate with the prosecution or present submissions aimed at achieving the best possible outcome.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.