I recently represented a client charged with Careless Driving at Brisbane Magistrates Court.
Careless Driving is also known as Did Drive Without Due Care & Attention.
My client was involved in a collision when charged.
My client was driving their employer's manual vehicle, while their own automatic vehicle was being serviced.
My client approached an intersection and confused the vehicle's footrest with the clutch.
My client collided with another vehicle and a cyclist.
The cyclist sustained multiple severe injuries requiring hospitalisation for several months.
My client contacted me immediately after the collision.
I immediately contacted the Police, advising that all interaction was to go through myself.
By nipping the matter in the bud early, and by properly cooperating with the Police without allowing my client to incriminate themselves, I was able to negotiate the lesser charge of Careless Driving, rather than Dangerous Operation of a Motor Vehicle, despite the severe injuries.
Dangerous Operation of a Motor Vehicle, or Dangerous Driving, is a criminal offence which carries a mandatory minimum licence disqualification of 6 months, along with a criminal record.
Notwithstanding the fact that I was able to obtain the lesser charge, Careless Driving in itself is still very serious.
In Queensland, motorists charged with Careless Driving face a maximum penalty of a lifetime loss of licence, 6 months imprisonment and 40 penalty units.
A penalty unit in Queensland is currently worth $113.85.
Given the serious nature of the matter, I prepared lengthy and detailed submissions summarising the relevant case law.
I also prepared comprehensive verbal submissions.
I had my client attend a reformatory course, and I drafted detailed Affidavit materials on my client’s behalf, explaining the lessons learned at that course.
I provided my client with a template, with which their referees based their character references, which I also tendered.
I was able to persuade the Magistrate to not disqualify my client's licence.
My client received a modest fine only.
To confirm, my client did not lose their licence.
Needless to say, my client was very happy.
Wiseman Lawyers specialise in Careless Driving, DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
Click here to read about other clients I have helped:
Queenslanders charged with DUI Drink Driving, Drug Driving or Fail To Provide Specimen face a maximum penalty of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
Persons charged with Careless Driving (Drive Without Due Care & Attention) face a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 40 penalty units.
Queenslanders charged with Dangerous Driving, which is a Criminal offence, face a maximum penalty, depending upon the circumstances of aggravation, of 5 years imprisonment, 200 penalty units and a lifetime driver’s licence disqualification.
Persons charged with Disqualified Driving face a maximum penalty of a lifetime driver’s licence disqualification, 12 months imprisonment and 40 penalty units.
Queenslanders charged with Evade Police a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
Persons charged with Repeat DUI Drink Driving, Repeat Drug Driving, Repeat Fail To Provide Specimen, or a Repeat combination of these offences, face a maximum penalty of a lifetime driver’s licence disqualification, 18 months imprisonment and 60 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to the above penalties, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Wiseman Lawyers specialise in DUI Drink Driving, Drug Driving, Careless & Dangerous Driving, Evade Police and Drug, Alcohol & Traffic offences.