Careless or dangerous driving
If you’re facing serious traffic charges, contact us for expert legal help
As a driver, if you cause a collision on a road, police can either give you an expiation (a fine) for a minor infringement or charge you with careless or dangerous driving.
In some circumstances, penalties for careless or dangerous driving are severe, including licence disqualification and imprisonment. So, if you’re charged with this offence, we recommend you seek our legal advice as soon as possible.
We’re expert traffic lawyers with years of experience defending these charges and helping our clients navigate the legal processes.
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Frequently asked questions about careless or dangerous driving offences
What is careless driving?
Careless driving is also known as “driving without due care.”
South Australian laws don’t define the term “careless driving,” but usually, it’s a question of whether a driver failed to exercise the care and attention that a reasonable and careful driver would exercise in the same circumstances. If you’re charged with this offence, the Court will consider your case’s unique facts and circumstances to determine whether your driving was careless.
Charged with careless or dangerous driving? Contact us to find out how we can help.
What is dangerous driving?
There are two things to consider for a dangerous driving offence:
- The risk of the driving, and
- Whether the driving created an unreasonable and unjustified danger to other road users.
If you’re charged with dangerous driving, your case’s unique facts and circumstances will be considered to determine this.
Charged with careless or dangerous driving? Contact us to find out how we can help.
What’s the difference between careless driving and dangerous driving?
Whether driving is careless or dangerous depends on the circumstances. Usually, however, the difference is that careless driving involves a minor departure from the expected driving standard, while dangerous driving is a more serious departure from the expected driving standard.
If you’re involved in a collision, the police may charge you with dangerous driving and careless driving. This is because if a Court finds the driving wasn’t dangerous, it can still make an alternative finding that the driving was careless.
Charged with careless or dangerous driving? Contact us to find out how we can help.
What is an aggravated offence?
If you’re charged with an aggravated offence, it will help to understand what this means. “Aggravated” has a different meaning from usual.
Under South Australian traffic laws, “aggravated” makes the offence more serious and includes the following circumstances:
- If the driver was intoxicated (drunk or drug driving)
- If the driver was disqualified
- If the vehicle was stolen
- If there were passengers in the vehicle
- If the driver was on a learner’s or provisional or probationary licence.
Charged with careless or dangerous driving? Contact us to find out how we can help.
How will a careless or dangerous driving charge be handled in the Court system?
Before we look at the Court system, here are some definitions of key terms:
Definitions
Summary offences are less serious than indictable offences, so the Magistrates’ Court handles them. The penalties may involve fines or shorter prison sentences.
Indictable offences are more serious than summary offences. Higher courts usually handle them. They may be heard as jury trials. Penalties may include longer prison sentences.
Court hearings
Careless or dangerous driving offences are usually heard in the Magistrates Court as summary offences. However, if there’s a circumstance of aggravation, such as injury or death, the charges may be major indictable offences, which must be heard in the District Court.
Charged with careless or dangerous driving? Contact us to find out how we can help.
What are the penalties for careless or dangerous driving offences?
The penalty for a basic careless driving offence is:
- An expiation (a fine), and
- Four demerit points.
An aggravated offence, such as when someone is injured or killed, has increased penalties, including possible imprisonment and a mandatory licence disqualification.
The penalty for a first offence of dangerous driving is:
- Possible imprisonment of two years, and
- A mandatory minimum licence disqualification of 12 months, and
- Six demerit points.
The penalties increase for aggravated dangerous driving offences, such as when someone is injured or killed.
Charged with careless or dangerous driving? Contact us to find out how we can help.
How we can help
A dangerous driving charge has more serious consequences than a careless driving charge. Often, there is a genuine dispute about whether the driving is dangerous or careless. For this reason, we recommend you seek our legal advice if you’re charged with careless or dangerous driving (or both).
We have significant experience and success in defending traffic charges. It’s not only about understanding the legislation and case law. It’s also about knowing what facts and circumstances will determine whether the driving is categorised as careless or dangerous. This means we can:
- Give you the best advice for your situation
- Tell you what’s required to prove the charge
- Work out whether there are any available defences
- Engage experts who can help the Court understand the circumstances of the offence.
We’ll give you all the information and advice you need to make an informed decision and tell you if we believe a guilty verdict is likely.
We’re highly experienced traffic lawyers in Adelaide, South Australia. Contact us to find out more about how we can help you.