Been charged with a careless driving offence?

Driving without due care means operating a motor vehicle without the level of attention, caution, or consideration that a reasonable driver would exercise under similar circumstances. This includes failing to anticipate hazards or disregarding other road users.

Careless driving (s 45) involves negligence or inattention, while dangerous driving (s 46) involves a higher level of risk, recklessness or disregard for public safety. Dangerous driving usually attracts harsher penalties and is often treated as a more serious offence.

You weren’t driving

In some cases the wrong person is charged with an offence. There are a variety of ways in which this can occur. It may be that there was an administrative error on the prosecution’s behalf or perhaps the offender was carrying your identification which they presented to police. It is a complete defence to this charge if it can be shown that you were not driving the vehicle.

You weren’t driving on a road

A road is defined as an area that is open to or used by the public and is developed for the driving of motor vehicles. Thus, if we can show that you were driving your vehicle on private property (e.g. your driveway) you will have a defence to this charge.

Your driving was appropriate in the circumstances

The court recognises that there are some extenuating circumstances that will affect your driving in such a manner that when taken on its own would appear reckless, yet it may be deemed appropriate when considered in the context of those circumstances.

Mechanical defect
If it can be shown that your vehicle was subject to a latent mechanical defect of which you were unaware and which could not have been discovered merely through the exercise of reasonable diligence and that the accident should be attributed to that defect, then you may have a defence to this charge.

Minor error of judgment
There is no requirement under the law for you to exercise perfect care when driving. Minor lapses in judgment or concentration (e.g. making slight contact with the vehicle behind you while reverse parking) were not the intended subject of this legislation and will serve as a defence to this charge.

Duress
It is a complete defence to this charge if we can show that you were acting under duress. That is, you were acting as a result of violence or some other threat against you. The Court will need to be presented with evidence that indicates that you were coerced into the act by a third party, effectively rendering you an instrument of someone else’s criminal conduct.

Mental impairment
The law recognises that, in some cases, people will not be capable of evaluating the nature and quality of their conduct or more categorically, they will not know what they are doing is wrong. If it can be shown that you were suffering from some sort of mental disease, disorder or disturbance, as distinguished from a mere lack of self-control or impulsiveness, then you may have a defence to this charge.

Mental impairments may be either permanent or non-permanent and have been held to include disorders such as:

• Schizophrenia
• Hyperglycaemia
• Psychomotor epilepsy
• Cerebral arteriosclerosis

The maximum penalty that can be imposed for driving without due care depends on whether or not the offence is aggravated.

An aggravated offence is where one of the following applies:

• you were attempting to escape pursuit by a police officer;
• you were racing;
• you were disqualified from driving (penalty for driving without a license)
• there was prolonged bad driving;
• you were drink driving and had a blood alcohol reading of more than 0.08 grams;
• you were drug driving;
• you were driving at more than 45km/hr over the speed limit; or
• you had an illicit drug in your system.

The maximum penalty for a basic offence of driving without due care is a fine of $2,500 and 3 demerit points.

The maximum penalty for an aggravated offence is 1 year imprisonment. You will also be disqualified from holding a driver’s licence for at least six months.

Yes. Even if the incident did not involve another vehicle or person, you can still be charged with careless driving based solely on your conduct on the road (e.g. hitting a stationary object or driving inattentively).

For a basic offence, the penalty includes 3 demerit points in addition to a fine of up to $2,500. Aggravated offences also carry mandatory licence disqualification.

Yes. If the offence is aggravated, you will be disqualified from holding a driver’s licence for at least 6 months. In non-aggravated cases, licence disqualification is discretionary but still possible depending on circumstances.

If careless driving results in harm to another person, the offence becomes an aggravated careless driving offence under section 45 of the Road Traffic Act 1961 (SA). The maximum penalty increases to 12 months’ imprisonment, and the court must order at least a 6-month licence disqualification (unless the harm was minor and fell short of serious harm, in which case disqualification is discretionary).

Yes. Under Section 45 of the Road Traffic Act 1961 (SA), careless driving becomes an aggravated offence if it causes harm to a person. Where death or serious harm results, prosecutors may instead lay a charge of causing death or serious harm by careless use of a vehicle.

In more serious circumstances, where the driving is considered “dangerous” rather than merely careless, the charge may escalate to dangerous driving causing death under the Criminal Law Consolidation Act 1935 (SA).

Not exactly. While both may involve similar conduct, failing to maintain proper control is a specific offence often charged under different provisions. However, police may instead or additionally charge careless driving if they believe due care was not exercised.

Yes. In some cases, with legal representation and appropriate argument, a charge of careless driving may be downgraded to a traffic infringement or withdrawn altogether, particularly if evidence is weak or mitigating factors are strong.

Yes, legal advice is strongly recommended. A conviction for careless driving can have lasting consequences on your licence, insurance, and criminal record. A lawyer can assess defences, negotiate with prosecution, and advocate for penalty reduction.

Under South Australian law, a road is any area open to or used by the public that is developed for vehicle use. Private property, like driveways or farms, may not qualify—raising a possible defence.

Yes, in certain cases. You may make a trifling application under section 163 of the Road Traffic Act, arguing the offence was minor or there’s another proper cause. This could result in reduced or no demerit points.

Contact an experienced Adelaide driving defence lawyer immediately. Early advice can help you understand your options, build a strong defence, and potentially avoid a conviction or licence disqualification.