Careless driving involves driving a motor vehicle without due care and attention. This often includes times where driver have a momentary lapse of attention or concentration – including missing a give-way or stop sign, driving across solid double lines, taking your eyes off the road to look at your passenger or looking at your phone. Essentially - careless driving occurs when your obligation to drive safely is affected by a lapse of concentration.
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.
You may face a fine of up to 30 PU. Unless the offence is accompanied with causing bodily harm, the offence does not carry imprisonment as a sentencing option for the court.
Unlike careless driving which only requires driving with a lack of due care and attention – dangerous driving additionally requires that in all the circumstances of the case, the driving was also objectively ‘dangerous to the public or any person’.
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.
