Careless Driving
Careless driving charges can have serious consequences for your licence and livelihood. At Assurance Legal, we can help you understand your options and achieve the best possible outcome.
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Careless Driving
(Road Traffic Act s 62)
- Driving a motor vehicle without due care and attention
- ‘due care and skill’ will be subjectively determined and will turn on the facts of every case
- It is therefore important to obtain legal advice as to whether the charge can be negotiated on the basis that the driving was not careless.
Defences:
- Duress – driving that way due to threats or violence
- Necessity
- Emergency
Financial penalties are usually awarded for careless driving offences, although the magistrate has the discretion to order a driver’s licence disqualification.
To find out about the strengths of your case, and the best options for you, make an appointment with Assurance Legal today.
Careless Driving Causing Bodily Harm, Grievous Bodily Harm, or Death
(Section 59BA Road Traffic Act 1974 (WA))
This charge is often preferred by Police when a driver’s carelessness causes injury to another road user, pedestrian, or passer-by. The single charge encompasses a broad range of circumstances. The severity of penalties imposed for a conviction under this section will depend on the extent of the driver’s carelessness, the extent of the victim’s injuries, and the relevant context of the offence. It is a defence to this charge to prove that any injury suffered by the victim is not attributable in any way to your careless driving.
- Maximum penalties: 3 years imprisonment or a fine of $36,000.00
- If you are convicted of this offence, the Court will impose at least 3 months’ disqualification of your drivers licence.
Given the broad nature of this charge, it is important to seek legal advice to know where you stand. The lawyers at Assurance Legal are experienced in dealing with such matters, and can help you obtain a fair outcome, regardless of your circumstances.
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