Stevenson Legal
Stevenson Legal
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.
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.
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.