We at GC Traffic Lawyers recently blogged on a theme of whether there can be errors of judgement that lead to criminal offences being committed. In due course we will explore offences such as Drink Driving, Drug Driving, Driving Whilst Suspended, Drug Driving, Speeding, Driving Disqualified and also Demerit Point suspensions. In this blog we intend to focus on just one case involving Careless Driving.

Our client again had no driving suspensions on his record, yet found himself with 3 penalty points and a fine for an offence involving momentary inattention. There was no course of bad driving at all, no Drink Driving or Drug Driving. We are grateful that, as Gold Coast traffic lawyers, we were able to assist him to receive a minimum amount of penalty points and no driving suspension. One should bear in mind that an offence of Careless Driving pursuant to Section 83 of the Transport Operations (Road use Management) Act legislates that “Any person who drives a motor vehicle on a road or elsewhere without due care and attention or without reasonable consideration for other persons using the road or place is guilty of an offence.- Maximum penalty—40 penalty units or 6 months imprisonment.

Our client was driving on a dark night. It was raining hard and it is accepted by the prosecutor that he was driving at 42 kmh or less, judged from an analysis of skid marks. The next thing that he knew, a black shadow appeared in front of the car. he braked sharply, but too late and saw a body crash onto his windscreen. He saw it roll off, jumped out of the car and saw a person lying in front of the car. It was on a pedestrian crossing but there were no street lights anywhere. The person was dressed only in black. His error was that he should have been driving even slower, and he pleaded guilty to Careless Driving and received the minimum penalty. Just a mistake of judgement.

At GC Traffic Lawyers we believe that errors of judgement can result in devastating consequences, even loss of life in the most tragic circumstances, but that each case and each traffic offence and offender should be considered on the merits of their matter so that the fine balances of justice can be achieved.

GC Traffic Lawyers is compassionate to the needs of our clients and respectful to victims.

Call GC Traffic Lawyers now on 07 5528 6665 or visit http://gctrafficlawyers.com.au/dangerous-driving/ if you need assistance with a Careless Driving charge.