Careless Driving

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Careless Driving (Section 65 of the Road Safety Act)

We frequently defend careless driving charges under section 65 of the Road Safety Act 1986 ( Victoria). A charge of careless driving is often combined with other charges as it covers a large variety of circumstances. We have represented thousands of clients charged with careless driving, as our sole focus is traffic law and as 99% of what do is defend driving charges. This charge can be a “standalone” charge, but is often combined with other charges. It is important to note that you cannot go to jail for careless driving in Victoria.

However, technically, the court has the power to take your licence indefinitely as there is no maximum time set. Our aim is to avoid a licence loss for this offence. We almost always retain our clients’ licences. There is usually also a fine imposed by the court, of under $1000 ,if found guilty of this offence.

Definition of Careless Driving

Careless driving is when a driver fails to exercise the “degree of care and attention that a reasonable and prudent driver would exercise in the circumstances” ( Simpson v Peat [ 1952 ] 2 QB 24 at 27 ). Whether the driver drove carelessly must be determined by the particular facts and circumstances [ Pearcy v Elidemir (unreported SC(Vic), Beach J, No 8826 of 1990, 4 February 1991, BC9102891 ].

In a careless driving case we must assess the driving as well as other circumstances.

Careless driving can include the following:

Inattention
Microsleep
Falling asleep
Looking at your phone
Changing a song on your phone or stereo
Being distracted by someone in your car
Failing to navigate a corner or bend
Being overloaded in a passenger car so that you cannot see out
Swerving to avoid an animal but hitting something else
Insufficient distance between vehicles [Burke v Traill-Nash (2002) 36 MVR 151]

It is important to remember, that just because there has been an accident, it doesn’t mean you have been careless. [ Derrick v Cheung (2001) 181 ALR 301 ].

This offence and failing to have proper control of a vehicle have a high degree of overlap. We will usually try to negotiate down to the lower charge of failing to have proper control, but sometimes careless driving is the correct charge.

Of What We Do is Traffic Law

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Should you plead Not Guilty

If there is a valid defence, you should plead not guilty. Always get expert legal advice before deciding what you ought to plead. We are Victoria’s only dedicated traffic law experts, so you know you are getting the best advice.

The following are defences to a careless driving charge:

You were not the driver of the car;
You were not driving carelessly;
Necessity [ Bayley v Police (2007) 40 MVR 376 ];
The police cannot prove without a reasonable doubt that you were driving carelessly;
Latent mechanical defence ( R V Spurge [1961} 2 QB 205 ). You must not have known about the defect ( R v Millar (Contractors) Ltd [1970] 2 QB 54 ) and the defect results in a sudden total loss of control and is no way due to any fault on the part of the driver.
A minor and common error of judgement ( such as reversing into or bumping into a stationary vehicle behind whilst attempting to reverse into a parking space ) is not careless driving [ Lajos v Samuels (1980) 26 SASR 514 Jacobs, sitting alone]

In the case of Waldie v Cook (1988) 91 FLR 413, the driver was charged with driving without due care (a similar offence). The driver could only remember driving through hills and then he could only remember that his car had flipped. There were marks on the road indicating the path his car took and he was found lying next to his badly damaged car. The court held that the driver was not required to give an explanation and that the evidence did not show beyond a reasonable doubt that his driving was without due care.

This case demonstrates that when you are involved in an accident and the police question you, you have the right to remain silent and to give a no comment interview and this may benefit your case. You still have to provide the police with your details such as your name, date of birth, address, licence and registration details. But, you do not have to answer questions about how an incident happened.

When you receive your Charge to go to Court

Normally, you ought to receive a charge to go to court about 4-8 weeks after the incident.

You could scan all the pages and send them to us for a free initial assessment of your case ( info@williamarcher.com.au).

We will carefully read your Charge and Summons, watch any video footage and look at all the evidence including what you say has occurred and then assess whether in our legal opinion you ought to plead guilty or not. Ultimately, it is your decision whether you plead guilty or not, we will be guided by your decision.

As with failing to have proper control, there is no compulsory loss of licence when you are found guilty of careless driving. The court has a general power to take your licence under section 28 of the Road Safety Act 1986 for careless driving.

These are the factors that they will take into account when deciding on the penalty for careless driving :

The nature of your driving
Was anyone injured
Did you stop and help if there was a crash
Your previous driving history
Was it deliberate or a mistake

How it works

A simple, stress-free process to get expert traffic law advice and the best outcome for your case.

Contact Us for a free Case Assessment

Call us or submit the form to discuss your case with a traffic law expert.

STEP 01
Get Tailored Legal Advice

We’ll review your case and provide clear, practical advice on your best legal options.

STEP 02
Strong Representation in Court (If Needed)

If required, we’ll prepare thoroughly and represent you to achieve the best possible outcome.

STEP 03
Get the Best Outcome

We'll fight hard to minimise penalties, protect your licence, get your charges dropped whenever possible, and avoid a conviction.

STEP 04

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Penalties for Careless Driving

The penalties for careless driving are as follows:

Up to 12 penalty units (maximum $2,371.08) for a 1st offence;
Up to 25 penalty units (maximum $4,939.75) for subsequent offences;
Possible impoundment of your vehicle;
Possible loss of licence (no maximum is set);
You cannot go to jail for this offence;
The Magistrate can convict you for this offence and you could have a permanent criminal record.
Diversions, only if recommended by the prosecutor (this depends on the Magistrate and the specific Magistrates’ Court your case will be heard at), are an opportunity to avoid a criminal record.

Possible Outcomes on a Plea of Guilty

For a charge of careless driving, in our experience, we would aim to:

Keep your licence;
Obtain a fine of about $800–$1000;
Obtain a no conviction.

As with all our advice, this is based on the result that we would achieve given our exclusive experience in this area and knowledge of the courts. Every case is different and we would need to consider the circumstances of your case.

There will also be three demerit points loss under the ROAD SAFETY (DRIVERS) REGULATIONS 2019 – SCHEDULE 3, Item 19 but that is not decided by the Court. VicRoads will apply them at the conclusion of your court case.