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Case study: Careless Driving




Court


Broadmeadows Magistrates' Court, March 2022.


Facts of case


Our client was charged with Careless driving.

The prosecution alleged that our client failed to observe another vehicle as the driver was attempting to execute a u-turn and consequently, our client's vehicle collided with the other vehicle causing extensive damage.


Our client was 19 years old a the time of the offence and on his probationary license. He was gainfully employed and completing an apprenticeship. He had a clean history with no previous offences (criminal or traffic)


Penalties for Careless Driving


The offence of careless driving is prosecuted under section 65 of the Road Safety Act 1986 (Vic) and the maximum penalty is 12 penalty units (first offence), 25 penalty units (subsequent offence).


The offence by operation of s. 28 of the Road Safety Act 1986 (Vic), also attracts the possibility of license suspension.


How was the case prepared?


Our client was a young man who was in his 3rd year of an apprenticeship. His license was very important to him as he had to travel 30 mins to and from work, and was required to utilise his license when driving vehicles as part of his employment.


Submissions to the Magistrate focussed on other aspects of the case, including the delay in bringing the matter to Court, and his good character. Ultimately, the Magistrate was persuaded not to record a conviction, and placed our client on an adjourned undertaking to be of good behaviour and to make a donation to a charitable organiation in the Broadmeadows area. Most importantly, the Magistrate did not make any orders against his driver's license.


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