These offences can range from relatively minor to very serious breaches of road traffic law.
Careless driving can lead to disqualification from driving. Dangerous driving convictions lead to mandatory disqualification aka dangerous driving penalty/ careless driving fine.
Careless or inconsiderate driving or a Section 3 Offence, is where driving is considered to be below the standard expected of a competent and careful driver or to be driving that is inconsiderate.
It can include allegations of following too closely, failing to observe road markings, undertaking, causing a collision with another vehicle or object, or failing to stop in accordance with traffic controls.
Defences available to drivers charged with a Section 3 offence usually turn on the FACTS of the case.
In other words, CAN THE PROSECUTION PROVE THEIR CASE?
This will depend on the testimonial evidence of witnesses and any physical evidence such as vehicle or roadside damage.
Dangerous driving or a Section 2 Offence, is where driving falls far below the standard expected of a careful and competent driver, and where it would be obvious to others that the driving was of such a low standard.
This could include driving at excessively high speed, or speed well in excess of the appropriate speed, driving in the lane for oncoming traffic, or engaging in a race with another vehicle. These are just examples of the types of driving that may attract a charge under this section of the legislation.
IMPORTANT THINGS TO KNOW
- THE PROSECUTION MUST SERVE A SECTION 1 NOTICE OF INTENDED PROSECUTION WITHIN 14 DAYS OF ALLEGED OFFENCE
- A SECTION 2 OFFENCE CAN BE REDUCED TO A SECTION 3 EITHER BY THE COURT OR THE PROSECUTION
- SPEED CAN BE ENOUGH ITSELF TO JUSTIFY A CHARGE OF DANGEROUS DRIVING
- THE PROSECUTION REGULARLY PROSECUTE UNDER SECTION 2 TO SECURE A LESSER CONVICTION UNDER SECTION 3
- SECTION 3 OFFENCES CAN ATTRACT ANYWHERE BETWEEN 3-9 PENALTY POINTS
- CAUSING DEATH OR SERIOUS INJURY BY CARELESS OR DANGEROUS DRIVING CARRIES SEVERE PENALTIES
BLACKWATER ROAD TRAFFIC LAW can help to defend you on these charges. We can assist with expert witnesses, accident investigation and reconstruction, and other aspects of forensic examination of the crown case.