Two charges including careless driving

The Court: Online Magistrates’ Court

The Date: April 2025

The Charges:

Road Safety Act 65 – driving a motor vehicle carelessly
Road Safety Road Rules 59(1) – entering the intersection with the traffic lights showing a red light

Possible penalties our client was facing:

Charge 1:

A fine of up to $2,371.08

A loss of licence

Charge 2:

A fine of up to $1,975.90

The Facts:

There were 2 pedestrians who were witnesses and who started crossing the intersection as the lights turned green. Approximately five seconds after the light turned red, our client entered the intersection against the red light. The witnesses crossing the road had to take evasive action to avoid our client. Our client struck a vehicle coming through the intersection, causing the driver of the vehicle to strike her head on her driver’s side window with such force that the glass shattered.

Our client waited at the scene for emergency services to arrive, with the driver of the other vehicle being taken to Footscray Hospital in an ambulance.

Negotiations with police prior to court:

We approached the prosecution to negotiate the charges. We negotiated to withdraw charge 1, careless driving, and plead guilty to charge 2. This was on the basis that both the charges were for the same incident.

Result in court:

We pleaded guilty to charge 2, with charge 1 being withdrawn by the prosecution. The court gave our client a fine of $494 without conviction and she did not lose her licence. Our client was very pleased with the result.

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