Police charge careless driving more often than any other driving offence in Victoria. Usually they issue it after a collision, sometimes a very minor one. However, unlike the more serious driving charges, it carries no mandatory licence loss. That matters. Therefore a well-prepared response can protect both your licence and your record. McMahon Criminal Defence Lawyers acts in these matters at the Ballarat Magistrates’ Court and across Victoria, on fixed fees.
At a Glance
| Offence | Careless driving |
|---|---|
| Law | Section 65, Road Safety Act 1986 |
| Maximum penalty | 12 penalty units (first offence); 25 penalty units (subsequent) |
| Imprisonment | None |
| Licence loss | Not mandatory. Demerit points still apply |
| Court | Magistrates’ Court |
| Diversion | Often available |
The Offence (Section 65)
Section 65 of the Road Safety Act 1986 makes careless driving an offence. Specifically, it covers driving a motor vehicle carelessly on a highway. Moreover, the test is objective. Did your driving fall below the standard of a reasonable and prudent driver? You need not intend to drive badly. Nobody need suffer injury.
In practice, police lay this charge after rear-end collisions, lane changes, failures to give way, momentary inattention, or loss of control. Often the charge rests on little more than the fact a collision happened. Consequently, these matters prove more defensible than most people assume.
Penalties
The maximum is 12 penalty units for a first offence. For a subsequent offence it rises to 25 penalty units. Meanwhile, for a vehicle other than a motor vehicle, such as a bicycle, the maximums drop to 6 and 12 penalty units. Notably, careless driving carries no term of imprisonment.
Crucially, the Act imposes no mandatory licence cancellation or disqualification. The court retains a discretion, and demerit points still apply. Even so, you do not lose your licence automatically, as you would for dangerous driving. That is the single most important practical difference between the two charges.
Careless Driving v Dangerous Driving
People often confuse the two. Yet the gap between them is enormous. Dangerous driving under section 64 carries up to 240 penalty units or 2 years’ imprisonment. In addition, it brings mandatory licence cancellation and a minimum six-month disqualification. By contrast, careless driving carries a fine and no mandatory disqualification. Therefore, where your driving sits near the boundary, persuading police to proceed on careless driving can change everything.
Can I Avoid a Conviction?
Often, yes. For example, careless driving frequently suits diversion, which resolves the charge with no finding of guilt and no criminal record. Alternatively, the court may find guilt without recording a conviction. Much depends on your driving history, the seriousness of the incident, and whether police consent. In short, prospects improve when we prepare and negotiate the matter before the hearing.
Defending a Careless Driving Charge
- The driving was not careless. A collision alone proves nothing. The standard remains that of a reasonable and prudent driver.
- Sudden emergency or mechanical failure. That is, an unforeseeable event beyond your control.
- Another driver caused the incident.
- Factual dispute. For instance, who was driving, or what actually happened.
- Negotiated resolution. Withdrawal, diversion, or a plea that protects your licence and record.
If police have charged you, contact us before your court date. Your matter will usually start with a first hearing. See also our driving offences page.
Frequently Asked Questions
Will I lose my licence for careless driving?
Not automatically. Section 65 imposes no mandatory licence cancellation or disqualification. The court keeps a discretion, and demerit points still apply. However, a first careless driving charge does not of itself cost you your licence.
What is the penalty for careless driving in Victoria?
The maximum is 12 penalty units for a first offence, rising to 25 penalty units for a subsequent offence. For a non-motor vehicle such as a bicycle, the maximums are 6 and 12 penalty units. Notably, careless driving carries no term of imprisonment.
Can I get diversion for careless driving?
Often, yes. It ranks among the charges that most commonly resolve by diversion, which means no finding of guilt and no criminal record. Availability turns on your driving history, the circumstances, and whether police consent. Therefore early preparation matters.
Does a collision automatically mean I drove carelessly?
No. The prosecution must prove your driving fell below the standard of a reasonable and prudent driver. Collisions happen for many reasons, including the conduct of other drivers, sudden emergencies and mechanical failure. In short, a collision alone does not establish the offence.
What is the difference between careless and dangerous driving?
Careless driving carries a fine and no mandatory licence loss. By contrast, dangerous driving carries up to 240 penalty units or 2 years’ imprisonment, plus mandatory licence cancellation and a minimum six-month disqualification. Therefore, where driving sits near the boundary, the charge police lay can change the outcome entirely.
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