When it comes to road safety, the terms “careless driving” and “dangerous driving” often come up. These offences can have serious consequences, including hefty fines, loss of driving privileges, and even imprisonment. As experienced traffic offence lawyers in Melbourne, we at Rebecca Burdon Legal & Consulting, are here to help you understand these terms and what they mean for you.
What is Careless Driving?
Careless driving, also known as driving without due care and attention, occurs when a driver fails to exercise the “standard of care” that a reasonable person would in the same situation. This can include actions such as:
Failing to signal when turning
Tailgating other vehicles
Not paying attention to road signs
Using a mobile phone while driving
Careless driving is generally considered a less severe offence compared to dangerous driving, but it can still result in significant penalties.
What is Dangerous Driving?
Dangerous driving is a more serious offence and involves driving in a manner that poses a significant risk to the safety of others. Examples of dangerous driving include:
The penalties for dangerous driving are more severe and can include longer periods of licence suspension, larger fines, and even imprisonment.
Speed or Manner of Driving
Both careless and dangerous driving can be influenced by the speed or manner in which a vehicle is driven. Speeding, for instance, can turn a case of careless driving into dangerous driving if it significantly increases the risk to others. Similarly, aggressive driving behaviours such as weaving in and out of traffic can elevate the severity of the offence.
What is the Difference Between Manner Dangerous and Speed Dangerous
Under the Road Safety Act in Victoria, dangerous driving can be categorised into two types: “manner dangerous” and “speed dangerous.”
Manner Dangerous: This refers to driving in a way that is dangerous to the public, considering all circumstances. This can include erratic driving, aggressive manoeuvres, or failing to adhere to road rules.
Speed Dangerous: This involves driving at a speed that is dangerous to the public. Specifically, if a vehicle is driven at 45 km/h or more over the permitted speed limit, it is considered "speed dangerous". This type of offence carries a minimum licence disqualification of 12 months.
Legal Consequences
The legal consequences for careless and dangerous driving can vary depending on the circumstances. In Melbourne, traffic offence lawyers can provide guidance on the potential outcomes and help you navigate the legal system. Penalties may include:
Fines
Demerit points
Licence suspension or revocation
Mandatory driving courses
Imprisonment for serious and repeated offending
How Traffic Offence Lawyers in Melbourne Can Help
If you are facing charges for careless or dangerous driving, it is critical to seek legal advice. Traffic offence lawyers in Melbourne can assist you in several ways:
Legal Representation: Providing representation in court to ensure your rights are protected.
Case Evaluation: Assessing the details of your case to determine the best course of action.
Negotiation: Negotiating with prosecutors to potentially reduce charges or penalties, and in some cases withdraw the charge altogether.
Licence Loss: minimising any impact on your driver’s licence
Advice and Support: Offering guidance and support throughout the legal process.
Why Choose Rebecca Burdon Legal & Consulting?
At Rebecca Burdon Legal & Consulting, we specialise in traffic law in Melbourne and have a proven track record of successfully defending clients against careless and dangerous driving charges. Our team of experienced traffic offence lawyers in Melbourne is dedicated to achieving the best possible outcome for our clients.
If you need legal assistance, reach out to us.
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