The Maximum Penalty for Careless Driving in Melbourne – How Serious is this Charge?
A maximum penalty of a fine of 25 penalty units may be imposed by the Court on a person found guilty of the charge of Careless Driving. First-time offenders are fined up to 12 penalty units and the amount increases as the offence is committed subsequently. Careless Driving is a moderate offence. This is evident based on that fact that careless driving cases are heard before a Magistrate in the Magistrates’ Court.
The legislation on Careless Driving
Section 65 of the Road Safety Act 1986 is the legislation for Careless Driving:
(1) A person who drives a motor vehicle on a highway carelessly is guilty of an offence and liable for a first offence to a penalty of not more than 12 penalty units and for a subsequent offence to a penalty of not more than 25 penalty units.
(2) A person must not drive a vehicle, other than a motor vehicle, on a highway carelessly.
Penalty: For a first offence, 6 penalty units; For a subsequent offence, 12 penalty units.
(3) In this section-
vehicle does not include-
(a) a non-motorised wheel-chair; or
(b) a motorised wheel-chair that is not capable of a speed of more than 10km per hour.
(other details of section omitted / not included)
Pleading guilty or not guilty to Careless Driving in a Melbourne Court
Deciding on whether you should plead guilty or not to the charge of Careless Driving has important implications for you. Hence, it is highly important that you discuss this issue with a qualified criminal defence solicitor. If misguided on legal issues due to the absence of a criminal lawyer’s advice, the results could be very severe.
Elements of the charge of Careless Driving in a Melbourne Court
The Prosecution must show that the defendant drove carelessly on the road to establish a case for Careless Driving.
Defending the charge of Careless Driving in a Melbourne Court
Defences that are often run in relation to this charge are necessity and duress. Defence lawyers may also use factual and/or identification dispute depending on the circumstances surrounding the case.
For more information on Careless Driving, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here). Further information can also be found at the Traffic Lawyers Melbourne site (here).
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Sept. 28, 2012 and relates to the law that it stands at this time.