Careless Driving and Failure to Give Way – Melbourne Magistrates’ Court

The Court: Melbourne Magistrates’ Court
The Date: June 2026

The Charges:

Road Safety Act 1986 s.65 – Careless Driving
Road Safety Road Rules 2017 r.75(1)(c) – Failure to give way to oncoming traffic when turning right.

Possible penalties our client was facing:

A fine of up to 12 penalty units ($2,442.12) or imprisonment for up to 4 months and possible licence suspension or disqualification at the court’s discretion.
A fine of up to 5 penalty units ($1,017.55).

The facts of the case:

Our client was charged with two traffic offences. She failed to give way to a motorcycle, and in doing so, caused a collision. The accused did not see the motorcycle rider until it was too late. The motorcycle rider was then transported to hospital due to injuries sustained in the collision.

Our client engaged William Archer Defence Lawyers to represent her in court and assist in achieving the best possible outcome given the circumstances.

The result:

We advised our client to enter an early guilty plea, demonstrating her remorse for her conduct. Our client’s participation in the Amber Community Road Trauma Awareness Program helped indicate to the court our client’s remorse. We prepared comprehensive submissions, highlighting our client’s good character and her previously clean traffic record.

The Magistrate only ordered a fine of $1,200, without conviction. There was no further loss of license. Our client was extremely happy with this outcome.

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