Driving Without Due Care in South Australia
Under South Australian law, the offence of driving without due care is outlined in section 45 of the Road Traffic Act 1961 (SA). This offence applies to drivers who fail to exercise the level of care and attention that a reasonable and prudent driver would exercise in the same circumstances.
What the Offence Is
Driving without due care, often referred to as "careless driving," occurs when a person drives a motor vehicle on a road without exercising the due care and attention expected of a competent driver. Unlike dangerous driving, which involves recklessness or serious risk, driving without due care typically involves a lower level of fault but still poses a danger to road users.
Common examples of driving without due care include:
- Failing to maintain proper control of a vehicle
- Inattentive driving (e.g., using a mobile phone while driving)
- Minor rear-end collisions
- Failing to give way at an intersection
- Swerving between lanes without proper indication
This offence is often considered when the driving conductdoes not reach the threshold of dangerous driving under section 46 of the RoadTraffic Act 1961 (SA).
Why you Need Legal Advice
A conviction for driving without due care can have serious consequences, including fines, loss of licence, and increased insurance premiums. If you have been charged with this offence, it is crucial to seek legal advice as soon as possible.
At Stanley & Co Lawyers, our experienced criminal and traffic lawyers can assess your case, advise you on possible defences, and represent you in court. We offer a complimentary 30-minute, no-obligation first consultation.
Call us today on 08 7001 6135 to speak with an expert criminal lawyer and ensure the best possible outcome for your case.
Helpful Questions & Answers
Heading 1
Heading 2
Heading 3
Heading 4
Heading 5
Heading 6
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur.
Block quote
Ordered list
- Item 1
- Item 2
- Item 3
Unordered list
- Item A
- Item B
- Item C
Bold text
Emphasis
Superscript
Subscript
What the Prosecution Needs to Prove (Elements of the Offence)
For a person to be convicted of driving without due care,the prosecution must establish the following elements beyond a reasonable doubt:
- The person was driving a motor vehicle – The accused must have been operating a vehicle on a public road.
- The driving was without due care or attention – This means that the driver was not driving in a careful and attentive manner that a reasonable driver would in the same circumstances.
- Causation (if applicable) – If the charge arises from an accident, the prosecution may need to prove that the driver’s lack of due care contributed to the accident.
Unlike more serious traffic offences, the prosecution doesnot need to prove intent or recklessness, only that the standard of drivingfell below that expected of a competent driver.
The Relevant Court
Driving without due care is a summary offence, meaning it is dealt with in the Magistrates Court of South Australia. It does not require a jury trial, and cases are generally heard before a magistrate.
If a person wishes to contest the charge, they may enter a not guilty plea and have the matter heard in court. If the charge is accepted (pleading guilty), the magistrate will impose an appropriate penalty.
What Defences Are Available?
Several defences may be raised against a charge of drivingwithout due care, including:
- Reasonable Driving in the Circumstance
- If the driver can demonstrate that their manner of driving was appropriate given the road conditions, traffic flow, or other circumstances, they may avoid conviction.
- Mechanical Failure
- If the driver lost control due to an unforeseen mechanical fault (such as brake failure), they may argue that they were not at fault.
- Medical Emergency
- If a driver suffered a sudden medical episode (e.g., a seizure, heart attack) and lost control of the vehicle, they may not be held responsible.
- Mistaken Identity
- If there is insufficient evidence to prove the accused was the person driving the vehicle at the time of the offence.
- Police Error or Procedural Issues
- If police failed to follow correct procedures when issuing the charge, the case may be dismissed.
It is advisable to seek legal representation if you believe you have a valid defence.
What Are the Specific Maximum Penalties for the Offence?
Under section 45 of the Road Traffic Act 1961 (SA), the penalties for driving without due care include:
- A fine (which can vary depending on the circumstances of the offence)
- Demerit points (which may lead to a licence disqualification if a driver accumulates too many)
- In serious cases, the court may impose licence disqualification or suspension
If the offence results in death or serious harm, the penalties increase significantly, and a potential term of imprisonment may apply.
27
Combined Years Of Experience
