Skip to content
  • +61 3 8644 7320
  • Email
  • Phone 7am to 12 Midnight - 7 days
  • Make a Booking
  • 中文
  • Locations
  • Contact
Search
Close
  • +61 3 8644 7320
  • Phone 7am to 12am - 7 days
  • 中文
Search
Close
  • 中文
Search
Close
  • +61 3 8644 7320
  • Phone 7am to Midnight - 7 days

Phone Appointments and Video Conferences Available

IMPORTANT COVID-19 COURT NEWS UPDATE

Dribbin & Brown Criminal Lawyers
  • Legal Services
  • Our Lawyers
  • Criminal Defences
  • The System
  • Sentences
  • Blog
  • Locations
  • Contact
Menu
  • Legal Services
  • Our Lawyers
  • Criminal Defences
  • The System
  • Sentences
  • Blog
  • Locations
  • Contact

s65 Careless Driving

Have you been charged with careless driving?

Careless driving is a charge that is a common driving charge in Victoria. Dribbin & Brown Criminal Lawyers have represented thousands of clients charged with careless driving. Whilst not being the most serious charge clients often engage our services to ensure that they retain their driver’s licence when facing a charge of careless driving.

What is careless driving?

Careless driving is where a driver has failed to exercise the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances. The test is determined on an objective standard and usually decided by a magistrate or judicial registrar sitting in the Magistrates Court.

Examples of careless driving include crashing your vehicle whilst looking at your phone or driving up the back of someone because you hadn’t left enough space between you and the vehicle in front.

It is important to remember that just because you are involved in an accident, does not mean that you have driven carelessly. Police often misunderstand this fact. You might have had an accident because your car suffered from some form of mechanical failure, or because a kangaroo jumped in front of your car without warning.

At the end of the day it is important to remember that police need to prove carelessness beyond a reasonable doubt.

Also be aware that careless driving is an alternative to dangerous driving. Even when careless driving is not listed as a charge, if dangerous driving has been laid, it is open to a magistrate to find a defendant guilty in relation to careless driving whilst finding the same defendant not guilty in relation to dangerous driving.

If you have been charged with careless driving and you value your driver’s licence, you should call our office.

The Penalty:

  • First time offenders face a maximum fine of 12 penalty units
  • Second and subsequent offenders face a maximum of 25 penalty units.

It should be noted that there is no mandatory minimum period off the road that must be imposed by a magistrate in relation to the charge of careless driving. That said it is certainly open for a magistrate to further interfere with a defendant’s driver’s licence per section 28 of the Road Safety Act 1986.

Even if there is no interference with your driver’s licence, on a plea of guilty VicRoads will accrue 3 demerit points against your licence. There is nothing that anybody can do about this upon entering a plea of guilty.

If a magistrate decides to suspend your driver’s licence, it can be as long as a magistrate sees fit, there is no limit.

What to do next:

Careless driving is not a charge you can go to gaol for, but if your licence is important to you then our advice is that you should get legal advice and be represented at court. Many things can go wrong in relation to this charge.

  • You could be convicted which means you will have a permanent record for careless driving, see here for more on conviction vs non conviction and how to get a spend conviction.
  • It may be the case you are eligible for diversion, there are tactical advantages to this approach.

Without a traffic solicitor advocating on your behalf you are playing Russian roulette with your court outcome, sure you could get lucky but why take a chance where your licence is concerned.

The Legislation:

S65 of the Road Safety Act 1986

(1)     A person who drives a motor vehicle on a highway carelessly is guilty of an offence and liable for a first offence to a penalty of not more than 12 penalty units and for a subsequent offence to a penalty of not more than 25 penalty units.

(2)     A person must not drive a vehicle, other than a motor vehicle, on a highway carelessly.

Penalty:     For a first offence, 6 penalty units;

For a subsequent offence, 12 penalty units.

(3)     In this section—

“vehicle” does not include—

(a)     a non-motorised wheel-chair; or

(b)     a motorised wheel-chair that is not capable of a speed of more than 10 kilometres per hour.

Vehicle is defined at section 3 of the Road Safety Act 1986 as follows;

“vehicle” means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes bicycle or other pedal-powered vehicle, trailer, tram-car and air-cushion vehicle but does not include railway locomotive or railway rolling stock;

Traffic Charges

Road Safety Act 1986

Drug Driving Offences Melbourne (Article)

Regulation 20 Speeding in School Zone

s18 Unlicensed driving

s30 Driving Disqualified

s30 Driving Suspended

s60 Failing to Nominate the Driver of a Motor Vehicle

s61 Failing in the Duty of Driver etc. of Motor Vehicle if Accident Occurs

s64 Dangerous Driving

s65 Careless Driving

s65A Improper Use of a Motor Vehicle

s84 Motor Vehicle Impoundment / Forfeiture by Police

s85 Appeal Immediate Licence Suspension

Crimes Act 1958

Drug Driving Offences Melbourne (Article)

Regulation 20 Speeding in School Zone

s22 Reckless Conduct Endangering Life or s23 Serious Injury

s318 Culpable Driving Causing Death

s319 Dangerous Driving Causing Death or Serious Injury

s319AA Dangerous or Negligent Driving Whilst Being Pursued by Police

Related Offences

  • View Drink Driving Offences
  • View Drug Driving Offences

Case Studies

Careless Driving Charges Not Guilty

Diversion For Careless Driving

Excessive Speed Matter Withdrawn

Impoundment Exceptional Hardship

Our Legal Services

Appeals

Assault Offences

Asset Confiscation

Bail Application

Breach Offences

Centrelink Fraud

Children’s Court

Computer Offences

Council Charges

Drink Driving

Driving Offences

Drug Offences

Family Violence

Firearm Offences

Fraud Offences

Infringement Warrants

Intervention Orders

Murder Trials

Perjury Charges

Pervert the Course of Justice

Royal Commission

RSPCA Offences

Sex Offences

Theft

Traffic Offences

Violence

Weapons

White Collar Crime

  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.
  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.

What Our Clients Say

Russell P
Dear David and Team I would like to “Thank You” for a job well done. The result, from the trial was truly amazing. I very much appreciated your courtesy, professionalism...
Grant B
I phoned Michael Brown of Dribbin and Brown after total disappointment in another criminal lawyer firm... In my situation that required communication, information and a great deal of understanding,...
…
Mike! Jacqui was great! Re my drive whist suspended charge, I held my license with a small fine to be payed in 4 months! Can't thank you enough! Thanks for...
Maria
Many thanks for the wonderful support I received from David Dribbin as he represented me in court today. It was an extremely emotional experience for me and without judgement...
Haley M
We cannot thank you enough, it still doesn't feel real to us yet as it has caused a lot of strain and stress over a very long period of...
Michael S
Dear Rebeca, Thank you again for your support and guidance over the past six months, it is my belief that Dribbin and Brown went far beyond there charter when...
Sam B
Thank you for your outstanding service.... A great result for us...
Adrian W
A big thank you Dave. You made it seamless. You are a quality egg and hopefully I'll see you again under different circumstances. All the best!
Yvonne and Peter Braithwaite
Thanks for your excellent work for Yvonne last Friday. Your courtesy, empathy and professionalism was greatly appreciated. All the best for the future.
Helen and Lingbo Yang
Thank you for your support and help of Lingbo’s case for these days and everything is going smoothly. The outcome is better than we expected because of your rich...
Ross M
Dear Dave, Just a follow up thanks for your professional service & presentation yesterday – very happy with the outcome and the comments from the Magistrate. Thanks again, and...

Need help? Call our 7am to Midnight Phone Service on +61 (03) 8644 7320

Dribbin & Brown Criminal Solicitors Melbourne

Facebook-f Twitter

© 2021 Dribbin & Brown

Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

Dribbin & Brown

  • About Us
  • What We Do
  • The System
  • Criminal Defences
  • Sentences
  • Criminal Lawyers Blog
  • Client Testimonials

Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

Facebook-f Twitter

Dribbin & Brown

  • About Us
  • What We Do
  • The System
  • Criminal Defences
  • Sentences
  • Criminal Lawyers Blog
  • Client Testimonials

7am to Midnight Phone Service: +61 (03) 8644 7320  Contact Us | Book An Appointment

Privacy Policy | Disclaimer | Traffic Lawyers Melbourne

7am to 12am Phone Service: +61 (03) 8644 7320
Contact Us | Book An Appointment
Privacy Policy | Disclaimer | Traffic Lawyers Melbourne