If you need legal advice and representation for your careless driving case, turn to the experienced and professional Brisbane traffic lawyers at Harper Finch Lawyers for a superior legal service. When seeking legal services from us at Harper Finch Lawyers, you can trust us to treat you with courtesy and consideration, and can expect openness and honesty at all times.
Our Traffic and DUI Lawyers Brisbane have extensive experience in various traffic related offences, including careless driving. Our traffic Lawyers strive to provide superior legal advice to Brisbane and Queensland clients and offer competent and experienced representation for your careless driving case.
What is careless driving?
It is an offence to drive in a manner which can be considered as ‘careless’. Although this offence is generally called ‘careless driving’, it is also known as driving without due care and attention. In other words, if you are not paying enough attention to the road, the police can charge you with a careless driving offence.
Although careless driving offences are considered to be very serious, they are not usually as serious as dangerous driving offences that are in fact criminal offences under the Queensland Criminal Code.
A person is likely to be charged with careless driving if they have failed to pay attention and this has resulted in an accident of some sort. Some common examples of this include:
- Lack of Concentration – A common example of a lack of concentration is if the driver changes a radio station and, while doing so, accidentally drives into the back of a car in front of them. Eating or drinking while driving also greatly reduces concentration, and driving while tired also has a negative effect on a driver’s level of concentration and reduces their response time.
- Distractions – A driver could be distracted by a child in the back of the car and this causes the driver to have an accident or drive off the road. The driver could also be charged in this instance even if no damage occurs. Another common distraction that results in car accidents is receiving a text or phone call while driving.
- Excessive Speed – Speed is often a factor in car accidents, resulting in significant injury and even death. Depending on the scenario, an accident caused by excessive speeding could either be considered careless driving or dangerous driving.
- Not Keeping a Proper Distance – If you travel behind vehicles at an unsafe distance, the likelihood of crashing into the vehicle in front of you is extremely high. A crash caused for this reasons is also considered careless driving.
The important question to be answered in any careless driving case is whether the person drove with the degree of care and attention that a reasonable and prudent driver would exercise under the circumstances. If the driver fails this test, they can be charged with careless driving.
Careless driving penalties
If you have been charged with careless driving, a number of penalties may apply depending on the severity of the incident.
A person who is convicted of a careless driving offence in Queensland will face either a fine of up to about $4,000 or 6 months imprisonment. In addition, the Department of Transport will add three demerit points onto the person’s traffic history.
Although there is no mandatory licence disqualification, the courts do have the ability to disqualify a driver for careless driving offences. If the offence itself is particularly serious, or if the person has a poor traffic history, the person will most likely be disqualified.
Whatever penalties you expect to receive for your offence, it will always help to have an experienced traffic Lawyer to help you receive the very best result possible.
Why You Need a Lawyer for Careless Driving Offences
There are many reasons why it is vital to be represented by a Lawyer for careless driving offences, especially if you have a bad traffic history, and extensive damage or injury has occurred in the accident. The legal consequences may be long-lasting in a case involving serious damage and injury, which is why you will want the best legal advice.
Also, if your licence is likely to be disqualified due to your careless driving charge and your income is dependent on your ability to drive, then it is vital that you have the best legal representation. At Harper Finch Lawyers, we will provide affordable, genuine and trusted legal advice and offer legal representation in your time of need.
If you wish to contest your careless driving charge, our lawyers will assess your case and provide valuable advice on whether you could be successful in appealing the decision. Do remember to bring the following information with you when you visit us:
- Traffic History Report – have a copy of your traffic history on hand to show our Lawyers when seeking legal advice. This can be retrieved from a Department of Transport and Main Roads Transport Customer Service Centre once paperwork is filled out and a fee is paid.
Alternatively, you can retrieve this information by mail or online. Visit the Queensland Government Traffic History page for more information on applying for your traffic history.
- QP9 Court Brief – It is also recommended that you apply for a QP9 before seeing a Lawyer. A QP9 is a court brief that contains information about an offence committed.
To apply for a QP9 with the Queensland Police Service, contact your local police station or visit the Queensland Police Court Brief page for more information.
It is important to ensure you have the very best legal representation for your careless driving case. We understand that every careless driving case is unique, and there are a variety of defence options that could be considered.
It is worthwhile knowing about some of the defence options available and which ones may apply to you to assist with your case. Here are a few examples that may apply to a careless driving charge:
Duress involves unlawfully coercing someone into doing something that is against their will or better judgement. If a second party primarily influenced your careless driving, this could be a viable defence option.
Necessity is where an unlawful act has taken place in a situation where the conduct could not be avoided, and could be justified if it prevented more serious harm from occurring. If there was no other choice present than to break the law in the circumstance you were in, necessity might be the defence option that applies to you.
If there are any facts that you can prove without a doubt to be incorrect, you may have a defence case for a careless driving offence. Speak with our traffic lawyers for legal advice regarding any factual errors that may have occurred in this case.
If wrongful identification has occurred in your careless driving incident, you are likely to have a case to defend. Substantial evidence beyond any reasonable doubt would need to be presented to prove the identity dispute.
How we can help you
Having an experienced and knowledgeable traffic Lawyer on your case gives you the best chance of lowering your fine. Quality legal representation can even prevent you from receiving a disqualification period for driving.
When you decide to choose Harper Finch Lawyers for your legal representation, we will go above and beyond to help you understand your case and the relevant law that applies. Also, if you decide that you would like to plead not guilty in your case, we will support you all the way and fearlessly defend you in court. Our Lawyers always strive to provide the best possible outcome for every client.
Contact us for legal advice on careless driving today!
It is important that you hire a traffic lawyer in Brisbane with experience in careless driving cases to represent you in court. At Harper Finch Lawyers, we pride ourselves in our ability to get our clients the best outcomes possible and to make sure that the court process is followed from start to finish with minimal fuss and interference.
From DUI lawyer services to legal advice for careless driving, Harper Finch Lawyers has the experience and expertise you need.