Careless & Dangerous Driving
When considering whether your driving should be deemed as “dangerous”, the Court can take into account a number of factors, including but not limited to the condition of the road, the amount of traffic on the road, the type of road and of course the speed and nature of the driving itself. As it is an objective test, technically the offender does not need to put other road users at risk at the time of offending. It is an assessment of the circumstances generally.
Nonetheless, you may still have a defence if we are able to show the prosecution cannot prove all of the required elements to constitute your driving as dangerous. Alternatively, you may not have been the driver, the police may not have accurately represented the case against you, or you may have been acting under duress or out of necessity.
In those circumstances a complete acquittal may be appropriate or depending on the strength of the evidence the prosecution has available, we may be able to obtain a withdrawal of the charges.
Whether or not the case is made out against you in relation to dangerous driving needs to be assessed on a case by case basis and you should schedule a free phone consultation with DDD at your earliest available opportunity.
Although careless driving is considered a lesser offence than dangerous driving, if you do not prepare with a sufficient defence and/or explanation for your behaviour, a Magistrate may believe you could be a further risk to individuals on the road.
If you have been charged with careless driving and your driver’s licence is important to you, don’t go to court unrepresented. Consider how much it will cost you to be suspended from driving for 6 – 12 months if it does not go well for you, if you are not prepared. Careless driving does not attract a mandatory minimum period off the road however this does not prevent a Magistrate from disqualifying you from driving if he does not believe you have provided a reasonable explanation for your behaviour.