(08) 9278 2575Careless driving occurs when a driver fails to exercise the standard of care a reasonable person should take in the circumstances. Careless Driving includes driving without due care and attention, misjudging distances, crossing over an un-broken white line on the road, failing to keep control of the vehicle, or performing turns that create a risk to others. Careless Driving is less serious than dangerous driving but still considered an offence under WA law and can attract significant penalties, especially where bodily harm to another has resulted.
Careless Driving Charges WA
Section 62 of the Road Traffic Act WA states “Every person who drives a motor vehicle without due care and attention commits an offence”.
The maximum penalty for careless driving is 12 penalty units ($600). If you are a probationary driver however you stand to have your licenced cancelled.
Driving without due care and attention often involves situations where the driver has had a momentary lapse of attention or concentration. Careless driving cases may therefore involve a variety of situations such as missing a stop sign, or your vehicle deviating over a double line or lanes on a freeway, taking your eyes off the road to talk to a passenger or look at your phone. Ultimately careless driving occurs when your obligation to drive safely is affected by a lapse of concentration.
The fact that a vehicle has an accident and crashes is not in itself enough to prove that there has been a lack of due care and attention by the driver. However an exercise in common sense would suggest that a driver who fails to see a give way sign and consequently crashes with another car is likely to have been driving without due care and attention.
Frequently Asked Questions
If charged, you will receive a notice or summons to appear in court. If you plead not guilty, the court will hear and assess the evidence, including witnesses giving sworn testimony or traffic camera footage. You may face a conviction, fines, licence demerit points, or other penalties if found guilty.
Careless driving involves failing to drive with due care and attention, whereas dangerous driving requires conduct that is, in all of the circumstances of the case, objectively dangerous to the public or any person. Dangerous driving carries much higher penalties.
Penalties can include fines, demerit points, and licence suspension where bodily harm has occurred depending on the severity of the injuries. Repeat offences or aggravating circumstances such as speeding may result in higher fines or longer suspensions. Courts may also impose community service orders for the offender to complete driver education programs.
What Do I Next?
If you are facing a careless driving charge you need the help of an experienced traffic lawyer. Get in touch with us on 08 9278 2575 for representation and advice.
