Dangerous Driving & Careless Driving Offences
Dangerous and careless driving offences are two of the most serious driving offences that can be committed on Victorian roads. If you have been accused of either offence, it is important to consider all the circumstances and evidence before submitting a plea.
Christopher Sheen is a Melbourne-based traffic offence lawyer specialising in serious traffic offence matters, including careless and dangerous driving charges. The penalties for dangerous driving offences are serious. If you have been charged with careless or dangerous driving, Christopher Sheen can help.
Dangerous Driving Offences
Dangerous driving involves the driving of a motor vehicle at a speed or in a manner that is dangerous to the public.
The prosecution must prove the following matters to succeed:
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You are the person who was driving (identity);
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That you drove a motor vehicle;
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That your driving was at a speed that was dangerous or a manner that was dangerous to the public
Circumstances where a vehicle rather than motor vehicle is involved.
In circumstances where you were not driving a motor vehicle but rather some other vehicle the offence still applies. The maximum penalty however will be half that of where a motor vehicle is involved and there is no mandatory time of the road. The vehicle will be a motor vehicle, with some exceptions, if it is one that is normally used, or intended to be used on a highway and that is built to be propelled by a motor vehicle (Smith v Transport Accident Commission (2005) 12 VR 277).
Manner of driving.
The manner of driving involves a broad range of activities connected to the control and management of the vehicle. This includes the speed, navigation and communication with other drivers (R v Burnside [1962] 25 VR 96). It will also include considerations of whether the vehicle was in a satisfactory condition to be driven safely. Your knowledge of the condition of the vehicle will be a consideration as to whether you voluntarily drove in a dangerous manner (MacDonald v Slape (1987) 6 MVR 56).
A Serious Breach of the Management or Control of the vehicle
The speed or manner of driving must involve a serious breach of the proper management or control of the vehicle (King v The Queen (2012) 245 CLR 588). It must involve a real, not just speculative danger to members of the public who may have been in the vicinity including for example a passenger (R v Montero (2009) 25 VR 694). There is no need for police to identify a person at danger, a potential road user is enough (R v Smith [1969] Tas SR 159).
The police do not need to prove that you deliberately drove in a dangerous manner. If you were driving badly such that it caused a real danger that will be enough whether you meant to or not, so long as it was voluntary. If however, you were responding to a sudden emergency and failed to take action to avert a collision this may not be dangerous (R v Coventry (1938) 59 CLR 633 and R v Jiminez (1992) 173 CLR 572). The court will always consider the circumstances of your case individually. For example, driving at high speed on an open freeway will be treated differently to driving at the same speed in a built-up residential area. If you had just finished night-shift and were tired this will contribute further to whether it was dangerous.
Your skill as a driver is not relevant. You can not argue that you have specific driving skills to drive at the speed or manner to make it less dangerous for example a Highway Patrol Police officer or Formula 1 driver (R v Jones (1986) 19 A Crim R 236).
Being inattentive will often lead to charges of careless driving rather than dangerous driving however the specific circumstances may justify a change of dangerous driving (Georgiou v The Queen [2022] VSCA 172).
The risk must be beyond that contemplated by ordinary driving. Driving is by its nature a risky activity. The court will consider the extent to which the manner/ speed made a collision more likely and the seriousness of any injury if such a collision were to occur (Pope v Hal (1982) 30 SASR 78)
Vehicle Impoundment
This offence is considered a “relevant offence” for the purpose of impoundment of your vehicle.
Penalty
The offence of dangerous driving of a motor vehicle carries a fine of up to 240 penalty units and 2 years in prison.
Where the vehicle driven is a motor vehicle there is a minimum mandatory period of 6 months licence disqualification. This extends to 12 months if you were driving at 45 km/h or more over the speed limit.
How it Works
Step 1
Get in touch using the contact form on this page to book your initial consultation.
Step 2
During your initial consultation, we will discuss your matter and provide answers to your questions
Step 3
Based on the circumstances of your case, I will provide a roadmap for working together.
Careless Driving Offence
The prosecution must prove the following matters to be successful in a charge of careless driving:
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That you are the person driving (identity).
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That you drove on a highway
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The vehicle was being driven carelessly
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The prosecution must prove you were driving a motor vehicle in order to activate the more serious consequences contained in section 65(1) of the Road Safety Act. Otherwise a vehicle will attract less serious consequences contained in section 65(2) of the Act.
Careless
The test is whether the accused was “exercising a degree of care and attention that a reasonable and prudent driver would exercise in the circumstances.” (Simpson v Peat [1952] 2 QB 24).
The court has found that a common error of judgement involved in reverse parking by way of a slight bump into the car behind is not careless driving (Lajos v Samuels (1980) 26 SASR 514). If, however, you slightly move over the centre line of the road in preparing to turn and an oncoming vehicle collides with you then it is likely to be careless (Burgess v Dunsmore (1974) 8 SASR 29). Careless driving may involve colliding into the rear of a vehicle in front of you however the circumstances need to be taken into account. If the vehicle in front failed to indicate before coming to a sharp stop or braked suddenly without notice, then the driving may not be considered careless. Whether your driving is considered careless will vary on a case by case basis.
Vehicle Impoundment
This offence is considered a “relevant offence” for the purpose of impoundment of your vehicle.
Penalty
This offence carries a maximum penalty of 12 penalty units and if it is a subsequent offence up to 25 penalty units.
If you are driving a vehicle rather than a motor vehicle 6 penalty units on a first offence and 12 penalty units if it is a subsequent offence.
There is no mandatory driver licence suspension or cancellation associated with this offence. A Magistrate has discretion to suspend your licence but strong submissions to the court and the right circumstances will make that less likely.
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Get in touch today
To provide the most efficient and cost-effective traffic law service, consultations are done through Zoom or Microsoft teams. Meetings may be arranged on site at Owen Dixon East Chambers Melbourne for an additional fee.
Owen Dixon East Chambers Melbourne VIC 3000
0413 94 1990
Mon - Fri: 9:00 am – 5:00 pm
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