Where a person has been charged with carless driving, this is a less serious offence then ‘dangerous driving’. The difference is that one is dealt with under the Criminal Code whereas the other is a traffic offence dealt with under the Transport Operations (Road Use Management) Act 1995.
Section 83 of the Transport Operations (Road Use Management) Act 1995, deals with careless driving or driving without due care, which is an offence punishable in Queensland by 6 months imprisonment and a maximum of 40 penalty units ($5,514.00 as at September 2021).
Section 83 relevant provides:
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.
To find you guilty of Careless Driving, the police need to prove beyond reasonable doubt that the person was not driving carefully and in a way that showed reasonable consideration for other road users. It is inconsequential whether there was an accident or not.
Whether or not a person was driving carelessly will be assessed against the objective conditions of the location where the person was driving. This can include having regard to traffic, the weather and other similar factors.
A charge of Careless Driving in Queensland will be heard in the Magistrates Court.
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