What is careless driving?
Careless driving, or driving without consideration for the safety of road users, is a punishable offence and may attract a penalty of 40 units and/or 6 months imprisonment. According to section 83 of the Transport Operations (Road Use Management) Act 1995 it is:
“Any person who drives a motor vehicle on a road or elsewhere without due care and attention or reasonable consideration for other persons using the road or place is guilty of an offence.”
What is involved with a careless driving charge?
The prosecution need to be able to prove beyond a reasonable doubt that your driving actions were careless and could have compromised the safety of other road users. Involvement in a road accident is not necessary for charging somebody with careless driving. Any action of a driver that could lead to the compromising of safety of other road users is considered careless driving. If you have been charged, the situation under which you were driving, such as traffic, road condition and weather will be considered by the court. These cases are heard in the Magistrate Court .
Careless driving causing death or injury
In case of an accident caused by careless driving and injury of other road users or death, you might be charged with a more serious offence. This charge carries a minimum licence disqualification period of 6 months and a maximum penalty of 12 months imprisonment or $10,092.
What is the penalty for careless driving in QLD?
You may lose your licence if there are serious damages, injuries or you have a record of previous traffic offences. It will be at the discretion of the court and will involve consideration of the situation in which you were charged with careless driving.
Seeking legal advice is crucial. It is important that you are aware of your rights and understand the best course to take if charged with such an offence.