Understanding Dangerous and Careless Driving Offences in Victoria
Introduction
Driving is an essential part of modern life, but it also comes with risks. To reduce those risks, there are laws in place to ensure that drivers operate their vehicles safely and responsibly. Two of the most common offences related to unsafe driving are dangerous driving and careless driving. In this blog post, we will explore the differences between these offences in Victoria, the penalties and consequences, and what you can do if you have been charged with either offence.
What is Dangerous Driving?
Dangerous driving is defined as driving a motor vehicle in a manner that is dangerous to the public, taking into account all of the circumstances of the case. This includes driving at a speed or in a way that is dangerous, or under the influence of alcohol or drugs. Examples of dangerous driving include street racing, driving while texting, and driving under the influence of drugs or alcohol.
Penalties for Dangerous Driving
The penalties for dangerous driving in Victoria are severe, and can include fines, licence suspension, and even imprisonment. The penalty for a first offence of dangerous driving is a maximum fine of 240 penalty units (equivalent to $40,000), a maximum term of imprisonment of 2 years, and a minimum disqualification period of 12 months. For a second or subsequent offence, the maximum penalty increases to 480 penalty units (equivalent to $80,000), a maximum term of imprisonment of 4 years, and a minimum disqualification period of 2 years.
What to Do If You Are Charged with Dangerous Driving
If you are charged with dangerous driving, it is important to seek legal advice as soon as possible. A qualified traffic lawyer can help you understand your rights and options, and provide guidance on the best course of action. Depending on the circumstances of your case, you may be able to challenge the charge, negotiate a plea deal, or seek a reduced sentence.
What is Careless Driving?
Careless driving is a less serious offence than dangerous driving, but it can still have serious consequences. Careless driving is defined as driving a motor vehicle without the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances. Examples of careless driving include rear-ending another vehicle, failing to signal when changing lanes, or failing to maintain a safe following distance.
Penalties for Careless Driving
The penalties for careless driving in Victoria are less severe than for dangerous driving, but they can still include fines and licence suspension. For a first offence, the maximum penalty is 12 penalty units (equivalent to $1,934), and for a second or subsequent offence, the maximum penalty is 25 penalty units (equivalent to $4,050). There is no mandatory minimum disqualification period for careless driving, but a magistrate may still impose a period of disqualification if they feel it is necessary.
What to Do If You Are Charged with Careless Driving
If you are charged with careless driving, it is still advisable to seek legal advice. An experienced traffic lawyer can help you understand the charges and potential consequences, and provide advice on how to proceed. Depending on the circumstances of your case, you may be able to challenge the charge, negotiate a plea deal, or seek a reduced sentence
Conclusion
In conclusion, both dangerous driving and careless driving are serious offences that can have significant consequences. It is important to be aware of the differences between the two offences and how they are prosecuted.
If you are facing charges of dangerous or careless driving, it is important to seek legal advice and representation. A skilled traffic lawyer can help you navigate the legal process and work to achieve the best possible outcome for your case.
