Enquire Today
08 6244 5803 0412 927 704

Careless, Dangerous, and Reckless Driving

  • Western Australia traffic law has a hierarchy of culpable driving offences
  • Knowing the law, what evidence is admissible, and what defences are available, is critical
  • Even if the evidence appears strong, it may be possible to negotiate a downgrade of charge

Reckless & Careless Driving Penalties Perth, WA

If you have received a reckless driving charge, the prosecution will need to prove, beyond a reasonable doubt, that you drove a motor vehicle in a way that was inherently dangerous to any member of the public, and that you intended to drive your vehicle in that way. Whether the court will accept that argument will depend not only on what facts are asserted by the prosecution, and the evidence tendered in support, but usually also depend the evidence from the defendant and any independent witnesses.

Reckless driving may also be automatically deemed if the alleged speed of the vehicle is 45 km/h above the posted speed limit.

In order for the prosecution to be successful they must be able to prove intent. If there is any reasonable doubt as to whether a person intended to drive their vehicle in a way that was inherently dangerous, the charge of reckless driving cannot succeed. A reckless driving charge carries the penalty of a mandatory disqualification from driving, even on a first offence, and possible imprisonment. Even if it does appear that a vehicle has been intentionally driven in a manner that is inherently dangerous there may be other, less obvious, defences that may apply such as the defence of accident, the defence of reasonable mistake of fact, or the defence of sudden emergency. Given the wide variety of circumstances in which a charge of dangerous driving might be laid, and the wide variety of defences that are potentially available, it is always recommended that you seek legal advice if you have been charged with a traffic offence.

Given that the issue of “intent” is critical to the prosecution case, there are many instances where a charge of reckless driving may be downgraded by negotiation with police, to the lesser charge of dangerous driving which may assist in avoiding a mandatory disqualification.

Unless you obtain a spent conviction, a conviction for reckless driving will usually appear on your national police/traffic record for at least 10 years.

Testimonials

Nick is an outstanding lawyer. He recently represented me on a reckless driving charge. From the first consultation, I found Nick very knowledgeable and professional. He helped analyse the case comprehensively and shared his view to achieve the best possible outcome. He has a strong commitment to his clients. Nick is definitely the best traffic lawyer in Perth that you can trust.
W Chan
Nick was professional and efficient , his knowledge and passion for is work evident in the positive outcomes for both my Reckless driving charge and extraordinary licence. He was informed and honest about my possible outcomes and delivered. He predicted my costs accurately and also delivered on that. I highly recommend Nick for any legal matters.
Tim C
I found Stevenson Legal very easy to deal with. Every legal option was discussed in layman's terms and they made a difficult process very streamlined with an optimal end result.
Anna-lee Harry
Nick is highly professional, and knows his stuff. I was facing 2 charges, Drink Driving above 0.08, and Careless Driving. With Nick's legal services I managed to get minimum sentencing and a Spent Conviction on both charges. Safe to say Nick's services have saved me from so much pain and trouble in the future.
Simulated Reality

Careless Driving

If you have been charged with careless driving the prosecution will need to prove, beyond a reasonable doubt, that you drove a motor vehicle without “due care and attention”. Whether the court will accept that argument will depend not only on what facts are asserted by the prosecution, and the evidence tendered in support, but usually also depends on the evidence from the defendant and any independent witnesses.

It may not be obvious at first sight whether driving has occurred without “due care and attention”. The mere fact that an accident has occurred might be used as evidence, but also may not be determinative either way. Even if it does appear that a vehicle has been driven without due care and attention there may be other, less obvious, defences that may apply such as the defence of accident, the defence of reasonable mistake of fact, or the defence of sudden emergency. Given the wide variety of circumstances in which a charge of careless driving might be laid, and the wide variety of defences that are potentially available, it is always recommended that you seek legal advice if you have been charged with a traffic offence.

Unless you obtain a spent conviction, a conviction for careless driving will usually appear on your national police/traffic record for at least 10 years.

Dangerous Driving

If you have been charged with dangerous driving the prosecution will need to prove, beyond a reasonable doubt, that you drove a motor vehicle in a way that was inherently dangerous to any person or member of the public. Whether the court will accept that argument will depend not only on what facts are asserted by the prosecution, and the evidence tendered in support, but usually also depend on the evidence from the defendant and any independent witnesses.

It is important to note that in a prosecution for dangerous driving the police do not need to prove “intent”. In other words, the prosecution can be successful on a charge of dangerous driving even if you did not intend to drive your vehicle in the way it was driven. Even if it does appear that a vehicle has been driven in a manner that is inherently dangerous there may be other, less obvious, defences that may apply such as the defence of accident, the defence of reasonable mistake of fact, or the defence of sudden emergency. Given the wide variety of circumstances in which a charge of dangerous driving might be laid, and the wide variety of defences that are potentially available, it is always recommended that you seek legal advice if you have been charged with a traffic offence.

A conviction for dangerous driving will usually be dealt with by way of a fine, mandatory disqualification, and possible imprisonment. However, if a conviction for dangerous driving is a first conviction there is no mandatory loss of licence. For that reason, if the issue of intent is difficult for the prosecution to establish, many charges of reckless driving can be negotiated or downgraded to the lesser charge of dangerous driving to avoid the prospect of mandatory loss of licence.

Unless you obtain a spent conviction, a conviction for dangerous driving will usually appear on your national police/traffic record for at least 10 years.

Contact Us Today

 Stevenson Legal lawyers are experienced at providing advice on all aspects of traffic law in Perth, WA, including reckless driving, careless driving, and dangerous driving charges. Get in touch with us on (08) 9489 4898 today.