View Full Version : Careless driving - disqualification?
The Pastor
21st April 2008, 13:53
Im going to get charged with careless driving.
this is my 2nd offence for careless.
How likley is it that i will loose my licence?
MIXONE
21st April 2008, 13:55
Very......
MSTRS
21st April 2008, 13:56
More to the point - should you get it back?
vtec
21st April 2008, 13:57
I got careless driving a couple of years ago now... $300 fine... smack on the bottom and on my way.
I'd had dangerous driving about 3 years previous but they didn't take that into account because of how long ago it had been.
What were you doing?
P.S. It's lose... not a loose pair of pants.
riffer
21st April 2008, 13:57
Would depend on the nature of the offence and the time between offences.
Either way, not your best work. :nono:
DingoZ
21st April 2008, 13:58
From Ltsa Site
"Careless or inconsiderate driving [sect 37] A fine not exceeding $3,000 and discretionary disqualification"
Previous will be taken into consideration, depending on the time frame...
Chances are good that the license will be bye bye's for a period of time.
mstriumph
21st April 2008, 14:00
what did you do?
Finn
21st April 2008, 14:14
what did you do?
He drove carelessly.
Number One
21st April 2008, 14:46
2nd *care-less* offense eeek - sorry for you but I agree wholeheartedly with MR Mstrs.
I'd start sizing up the public transport system now if I was you.
Oh and good luck getting insurance in later life for that flash car you were hoping to get from the earnings your university education is setting you up for :rolleyes: Know quite a few grown-ups that either can't get insurance now or who just won't pay for insurance because due to their bad old days they aren't seen as a good risk.
The Pastor
21st April 2008, 14:53
I dont know how i binned. it was at low speed. maybe my peg caught the road?
The Pastor
21st April 2008, 14:55
More to the point - should you get it back?
yeah i think i should, i wasnt speeding or doing anything dangerous. I don't know what caused the accident. just lost the front wheel on a tight up hill corner.
not that its any of your busines. :P
jrandom
21st April 2008, 14:55
I dont know how i binned. it was at low speed.
Sounds pretty careless to me.
The Pastor
21st April 2008, 15:02
Sounds pretty careless to me.
what i mean was that i wasnt doing anything differnt than every other time ive taken that corner, i ride it twice a day. well i was going a little bit slower than usal.
CookMySock
21st April 2008, 15:03
"careless use" is quite small I think. If it were "dangerous driving" then I would say you are toast. Opening a car door into traffic is careless use..
I would say you will get a big fine, and if you do loose you license, it will only be a small amount of time.
Of course, I have no idea at all..
DB
firefighter
21st April 2008, 15:04
If I read this right and your charge is for bailing.....well I think thats a bit rough, the damage to the bike and the fright should be punishment enough! Why do we feel it necessary to punish people for everything? Ok if you were playing silly buggers fair enough but legitimate accident.......where you were the only one invovled.......well not really necessary lesson learnt I feel, I don't think a court date is necessary or even a ticket....
jrandom
21st April 2008, 15:05
what i mean was that i wasnt doing anything differnt than every other time ive taken that corner, i ride it twice a day. well i was going a little bit slower than usal.
And the bike just slipped out from underneath you? A cop happened upon the scene, and you were charged with 'careless driving'? If you're convicted on that basis, so should 90% of us be, I suspect.
Was there something dodgy on the road surface that you didn't see, perhaps?
If that's really the case, you should be able to argue fairly successfully against your 'careless' charge.
Stick it to the Man!
Renegade
21st April 2008, 15:16
not that its any of your busines. :P
Then why post it?? of course we want to know what happened so as to give an accurate reply to your poll.
Only you know if you were being a complete tool or not however i dont think you will lose your licence assuming it was as inocent as you say.
The Pastor
21st April 2008, 15:35
Then why post it?? of course we want to know what happened so as to give an accurate reply to your poll.
Only you know if you were being a complete tool or not however i dont think you will lose your licence assuming it was as inocent as you say.
i was joking dude.
The Pastor
21st April 2008, 15:42
If I read this right and your charge is for bailing.....well I think thats a bit rough, the damage to the bike and the fright should be punishment enough! Why do we feel it necessary to punish people for everything? Ok if you were playing silly buggers fair enough but legitimate accident.......where you were the only one invovled.......well not really necessary lesson learnt I feel, I don't think a court date is necessary or even a ticket....
I slid into a parked car. Neither of us had insurance, but i have fully paid for the damage I caused and about $400 worth of extra repairs, as they would of had to paint over the damage i didnt cause and it would of looked like shit. and im a nice guy.
And the bike just slipped out from underneath you? A cop happened upon the scene, and you were charged with 'careless driving'? If you're convicted on that basis, so should 90% of us be, I suspect.
Was there something dodgy on the road surface that you didn't see, perhaps?
If that's really the case, you should be able to argue fairly successfully against your 'careless' charge.
Stick it to the Man!
careless is very hard to defend (who was in control? I was), im pleading guilty first chance. Road surface was fine, I was paying full attention, it happend so quick.
The cops came cos some bimbo called the ambulance, if the ambulance didnt come I would not have been charged. If you cause an accident and the cops come, you will be charged with careles. Even if u put ur bike in a ditch and do no damage to anything other than your bike. For this reason if you have just broken an arm or leg, get a lift to the hospital do not ring up, or at least ring up and say "i fell over while walking can you send the ambulance" after the bike has been towed.
I believe my goodwill on paying the car, and not spending anymoney on my bike (only last tuesday did I send the bike in to get fixed - and havnt got it back yet / paid for it) and also paying extra to get the best job possable, and returning the car in a better condition than it was before i slid into it, has to count for somthing right?
jrandom
21st April 2008, 15:56
I would suggest that you find out whether you are eligible for legal aid, and, if so, lawyer up and fight the charge.
The Pastor
21st April 2008, 15:59
I would suggest that you find out whether you are eligible for legal aid, and, if so, lawyer up and fight the charge.
nah, i will lose, i know this for a fact. its very hard to argue that you were not careless when you crashed.
And i cant afford the time off work.
Will give me longer to work on the bike tho, and i must admit, its alot of fun :)
jrandom
21st April 2008, 16:02
nah, i will lose, i know this for a fact.
How do you know this? Have you already taken legal advice?
its very hard to argue that you were not careless when you crashed.
There must be a minimum standard of carelessness required for a conviction. No vehicle operator is perfect; crashes can presumably have sufficient causative influences outside of the driver or rider's carelessness to make such a charge dismissible.
And i cant afford the time off work.
Ah, well, it's up to you in the end. Best of luck, either way. The charge seems rather harsh and unnecessary.
Coldrider
21st April 2008, 16:03
If you cause an accident and the cops come, you will be charged with careles. Even if u put ur bike in a ditch and do no damage to anything other than your bike. For this reason if you have just broken an arm or leg, get a lift to the hospital do not ring up, or at least ring up and say "i fell over while walking can you send the ambulance" after the bike has been towed.
Just as well cages have four wheels to stop them falling over.
The Pastor
21st April 2008, 16:09
Just as well cages have four wheels to stop them falling over.
and seatbelts.
RidingHard
21st April 2008, 16:13
Your situation stinks mate. I think you've done well sorting out the other party; many would try to fob their liability off and pay less, not more. Your issue in court might come down to your previous conviction for the same offence. Were the circumstances similar then? (ie. you were at fault, crash etc)
Cajun
21st April 2008, 16:15
If you cause an accident and the cops come, you will be charged with careles. Even if u put ur bike in a ditch and do no damage to anything other than your bike. [/QUOTE]
Thats incorrect, i crashed my cage 7 years ago, just about took my head off with fence railing single vehicle (me), told cops i was doing 80-85 in an 80 area, but my fault really (aqua planed on water)
No charges laided, against me nothing. (I was a young 21 year old in a car, so would be normally labeled boy racer)
The Pastor
21st April 2008, 16:44
Your situation stinks mate. I think you've done well sorting out the other party; many would try to fob their liability off and pay less, not more. Your issue in court might come down to your previous conviction for the same offence. Were the circumstances similar then? (ie. you were at fault, crash etc)
other time i was learing to drive and lost controll in the wet.
Thats incorrect, i crashed my cage 7 years ago, just about took my head off with fence railing single vehicle (me), told cops i was doing 80-85 in an 80 area, but my fault really (aqua planed on water)
No charges laided, against me nothing. (I was a young 21 year old in a car, so would be normally labeled boy racer)
The main thing is 7 years ago dude, the police (and police policy) have changed alot in the last 5.
5 years ago I was let off for doing 50k over the limit over the harbour bridge, twice. (i was young n dumb)
The Pastor
21st April 2008, 16:46
well so far, if the kb gurus are anything to go by, i'll be walking for 6 months!
mstriumph
21st April 2008, 17:08
looks like you've got a lot of sympathy here, fella ...... good luck with it whatever way you decide to go
and finn - anyone ever tell you you are a smartarse?
---- in the nicest possible way, of course :shutup:
ynot slow
21st April 2008, 17:19
well so far, if the kb gurus are anything to go by, i'll be walking for 6 months!
At least 3 months,but the good news if any, is your demerit points go to zilch,if you have any that is.Plus the judge will take into account any points I suppose.
We had similar situation last year when my other half was turning right into a business carpark in a 50km zone,sun in her eyes and hit a girl coming towards her,got charged with failing to give way $150 thanks,never mind the cop said too hard to blame either driver,the other car was parked and two witness' said they heard to blow off valve go pop twice prior to being hit,the panelbeater placed both cars together in his yard and determined the crash impact at about 70km,considering my wife was all but stationary,the cop let the other girl off,we had a lawyer to check out the option of taking it to court,wife had her son in the car so cop took his statement,he took two other statements as well.The crash report stated one witness and other descrepencies,and lawyer said it wasn't worth while,so grin and bear it.As well as losing no claims and excess was a pain.And she didn't want the cops,so went for a ride in ambulance,cop caught up with her in hospital,also no insurance on her part.
Frenchy
21st April 2008, 17:24
$550 fine $130 court costs and you shouldn't lose your license, unless you have a record like mine! :crazy:
sinfull
21st April 2008, 17:35
Arm yourself with info and take the time to appear ! Plead guilty and ask if the judge could take a moment to read your statement, as there were some (whats the word) extenuating circumstances
By info i mean a short written statement with articals attached on front tyre slipages and/or the effects of deisel on roads (Do many trucks use the road, was it damp ? be on yr ticket i'd say so don't tell mincies), proof of putting the car involved right ! As much as yr imagination can think of to put in front of the judge ! All short and to the point so he/she aint reading for 30 min !And by rights ya should ride home (if ya rode there) 150 notes or so poorer, Unless he knows you've had his daughter !
Patrick
21st April 2008, 17:51
i have fully paid for the damage I caused and about $400 worth of extra repairs, as they would of had to paint over the damage i didnt cause and it would of looked like shit. and im a nice guy.
careless is very hard to defend (who was in control? I was), im pleading guilty first chance. Road surface was fine, I was paying full attention, it happend so quick.
Problem sorted, no loss of licence....
nah, i will lose, i know this for a fact. its very hard to argue that you were not careless when you crashed.
Hard to argue... no one else fell over on that piece of road....
There must be a minimum standard of carelessness required for a conviction.
There is... would a normal, prudent driver fall over? NO? Careless it is then...
Problem paid out on, early guilty plea, 7 year old prior = no loss of licence. (IMHO..... and from experience...)
Mom
21st April 2008, 18:07
If that's really the case, you should be able to argue fairly successfully against your 'careless' charge.
Stick it to the Man!
Sadly, this kind of charge is almost unavoidable if police are called to a single vehicle accident, even if there are no injuries. I have seen it first hand, and the young woman charged and convicted would be one of the most responsible kids I know. It has caused no end of problems for her (and now her boss)with insurance. She lost control of her car in the wet on one of the most notorious off camber corners in the Dome Valley. There was diesel all over the road and it made no difference.
Same deal with the cops as RM, someone 111 called an ambo as her car was looking very unhappy down a bank and the armco showed some evidence of slowing her down. She was fine, albeit a bit shaken.
I slid into a parked car. Neither of us had insurance, but i have fully paid for the damage I caused and about $400 worth of extra repairs, as they would of had to paint over the damage i didnt cause and it would of looked like shit. and im a nice guy.
careless is very hard to defend (who was in control? I was), im pleading guilty first chance. Road surface was fine, I was paying full attention, it happend so quick.
Get some legal advice quick smart, the court will have a lawyer available to talk to, who can enter a not ready to plead statement when you are due to appear. The case will be adjourned till a later date, so you can decide whether to attempt to defend the charge, or write a compelling statement to the court detailing reasons why they should be lenient with you. You are sadly most probably right in your not worth defending comment. However mitigating circumstances will be taken into account when the JP or whatever has to give you your punishment.
I believe my goodwill on paying the car, and not spending anymoney on my bike (only last tuesday did I send the bike in to get fixed - and havnt got it back yet / paid for it) and also paying extra to get the best job possable, and returning the car in a better condition than it was before i slid into it, has to count for somthing right?
Yes you are right, these are all good mitigating factors, that and the fact that you were not speeding. Get some legal advice mate. Best of luck with it!
Number One
21st April 2008, 18:19
Sadly, this kind of charge is almost unavoidable if police are called to a single vehicle accident, even if there are no injuries.
Really?!!!
My gawd - sorry RM - assumed you only got handed a charge of *careless* if you had actually done something really stupid/intentional...not just because of a silly buggary mistaken oops moment - especially if you have been proactive about repairing damages caused to others vehicles.
Makes me wonder why there isn't already a 'you are just too stupid' tax?!
The Pastor
21st April 2008, 18:36
Hard to argue... no one else fell over on that piece of road....
Actually, that corner has a high accident rating, when I binned all the locals came out telling me of all the accidents.
vtec
21st April 2008, 19:27
Love the "its the roads fault". Haha. Every time I've crashed on the road I know I could have prevented it. Even when one was an Indian lady turning across in front of me when I was a noob, I know if it happened to me now I wouldn't crash. Figure out how to not make the same mistake again. Don't blame the road, work out what it was and if you can't then you were just not fully in control of your ride.
Actually I did drop it once on a roundabout that had a lovely diesel slick in pouring rain. Pretty sure I'd drop it there again in the same circumstances.
The Pastor
21st April 2008, 19:34
Love the "its the roads fault". Haha. Every time I've crashed on the road I know I could have prevented it. Even when one was an Indian lady turning across in front of me when I was a noob, I know if it happened to me now I wouldn't crash. Figure out how to not make the same mistake again. Don't blame the road, work out what it was and if you can't then you were just not fully in control of your ride.
Actually I did drop it once on a roundabout that had a lovely diesel slick in pouring rain. Pretty sure I'd drop it there again in the same circumstances.
no ones blaming the road
mowgli
21st April 2008, 19:53
no ones blaming the road
You seem like a good bloke. +1 for more than fixing the damage you caused. I sincerely hope the court finds in your favour. IMHO this incident isn't what the law is meant to punish. Good luck.
Grub
21st April 2008, 20:52
I believe my goodwill on paying the car, and not spending anymoney on my bike (only last tuesday did I send the bike in to get fixed - and havnt got it back yet / paid for it) and also paying extra to get the best job possable, and returning the car in a better condition than it was before i slid into it, has to count for somthing right?
Yes, most definately. Voluntary reparation should make a huge difference. So have you consulted a lawyer about this - it doesn't sound like you should be pleading guilty at all if what you are saying about your speed and regularity through the corner is correct.
Riding a normal vehicle at normal speeds should not constitute careless use. Maybe it does in law, what have witnesses said? You need to ask someone.
Mom
21st April 2008, 20:55
Really?!!!
Makes me wonder why there isn't already a 'you are just too stupid' tax?!
Be silent! They will probably inact one to spite us.
Yes, I can confirm they will indeed issue careless tickets if services are called out. I guess you are "careless" if you lose control of your vehicle and crash, surely all accidents are avoidable, there are certainly some on here that say they are.
All you can hope is that enough mitigating circumstances are brought to the courts attention to lesson the blow.
I feel really sad for the youth of today, they are given no opportunity to learn by their mistakes on the road. A deliberate loss of traction is dangerous, and carries a huge penalty if caught. Once upon a time, if you came to the attention of plod doing a wheelie/burnout they used to growl you, threaten to tell your parents. You only got in real trouble if you came to their attention more than once, or had a bad attitude!
Pardon me, but I have been a petrol head from way back. Not so long ago, (on a closed to the public road of course) I learned what happens if you take the track control off the Holden :devil2:
Mom
21st April 2008, 21:02
Actually I did drop it once on a roundabout that had a lovely diesel slick in pouring rain. Pretty sure I'd drop it there again in the same circumstances.
You are lucky no police attended mate, otherwise you would more than likely have faced a careless yourself! Shit happens to us all from time to time, facing a careless charge is not good. Forget the loss of lisence for a second, and look at the longer term fallout, it sucks!
The Pastor
21st April 2008, 22:48
Yes, most definately. Voluntary reparation should make a huge difference. So have you consulted a lawyer about this - it doesn't sound like you should be pleading guilty at all if what you are saying about your speed and regularity through the corner is correct.
Riding a normal vehicle at normal speeds should not constitute careless use. Maybe it does in law, what have witnesses said? You need to ask someone.
cant afford to get a lawyer or take the time off work to fight it, it would take approx 1 week off work to go through the system.
Lawyers fees would be around the 1k mark. add the loss of income from work, and it just adds up to an unpayable sum. Sure I could save up the 1400$ or so dollers it would cost me, but a $400 fine is WAY cheaper. even with a few months disqual at $200/month public transport, its still cheaper.
Boob Johnson
21st April 2008, 23:09
Well if you can't attend maybe write a letter? Your case is good I reckon.
unless you have a record like mine! :crazy:
That's because your a mad bastard :bleh::niceone:
SixPackBack
22nd April 2008, 07:45
Actually, that corner has a high accident rating, when I binned all the locals came out telling me of all the accidents.
Hard evidence of a roading issue. Persue it.
Fight the charge RM.
The Pastor
22nd April 2008, 08:58
Hard evidence of a roading issue. Persue it.
Fight the charge RM.
too expensive. even with loss of licence.
The Pastor
22nd April 2008, 08:59
well its almost 9, i best be going,
Place your bets now! Im betting $20 I don't lose my licence anyone want to take me up on that? bet on how long the disqual is as well. :D
scumdog
22nd April 2008, 09:05
well its almost 9, i best be going,
Place your bets now! Im betting $20 I don't lose my licence anyone want to take me up on that? bet on how long the disqual is as well. :D
Just remember Court ain't KB dude - no ranting etc!!
Swoop
22nd April 2008, 09:23
Just remember Court ain't KB dude - no ranting etc!!
One could ponder... does the judge have an "ignore" button?:rolleyes:
The Pastor
22nd April 2008, 13:34
well its a shame no one took me up on the bet, i'd have $20.
Low Fine (430 incl court costs) and no disqual.
Another notch on my "reasons to love the police belt"
Grub
22nd April 2008, 13:37
Yes, I can confirm they will indeed issue careless tickets if services are called out.
Not sure about this. All 3 services got called to the grub's little off on the Takas. I think Fire came out because someone reported that "... the rider is impailed on the fence ..."
However, nothing but sympathy and good support from everyone there so from personal experience, it's not "automatic". There must be other factors.
Grub
22nd April 2008, 13:39
well its a shame no one took me up on the bet, i'd have $20.
Cool outcome!
Mom
22nd April 2008, 17:04
Not sure about this. All 3 services got called to the grub's little off on the Takas. I think Fire came out because someone reported that "... the rider is impailed on the fence ..."
However, nothing but sympathy and good support from everyone there so from personal experience, it's not "automatic". There must be other factors.
Grub is a lucky boy then...LOL
Seriously up this way, single vehicle accidents get careless charges, you are lucky if you dont.
Patrick
22nd April 2008, 17:41
She lost control of her car in the wet on one of the most notorious off camber corners in the Dome Valley. There was diesel all over the road and it made no difference.
In this case, the cause is the diesel - no charge should have been laid, except for the truck that dropped it.....
Actually, that corner has a high accident rating, when I binned all the locals came out telling me of all the accidents.
If ya had references/a letter from them, could have been better....
Well if you can't attend maybe write a letter?
Yep, ya can write in on these, and plead guilty....
Fine (430 incl court costs) and no disqual.
Told ya so.......
Chrislost
22nd April 2008, 17:44
Im going to get charged with careless driving.
this is my 2nd offence for careless.
How likley is it that i will loose my licence?
when i was 15 and had a clean reccord i lost my licence for 6 months for careless.
I didnt see what was careless about handbraking into a park, officer on the side of the road did.
Patrick, you know as well as all of us do that your workmates are asholes about anything on road.(just as you are about red bling)
scumdog
22nd April 2008, 18:05
when i was 15 and had a clean reccord i lost my licence for 6 months for careless.
I didnt see what was careless about handbraking into a park,
At the ripe old age of 15 I'm not surprised you didn't see it was careless...'driving in a manner a prudent motorist would not' is how careless driving is described - and a 15 year old doing a hand-brake mickey into a park falls nicely into that catagory... :shit:
(BTW at 15 I would not expect you to have TOO much of a record anyway).
Mom
22nd April 2008, 18:23
In this case, the cause is the diesel - no charge should have been laid, except for the truck that dropped it.....
Sadly this girl (one of my other children) did not own up to the fact she had been charged to anyone, and turned up unsupported to court, pled guilty and paid the price for it. Only after the fact did I get a chance to talk to her and then she told me about the diesel. Sure, if she had been aware of it on the road, she should have maybe driven more "carefully" 20/20 hindsight is a wonderful thing...LOL She was a 18 month licenced driver, in the rain, on a bad bit of road, lost control and paid a big price. Patrick, why dont you come up here and take up HP duties?...LOL
Patrick
23rd April 2008, 16:58
when i was 15 and had a clean reccord i lost my licence for 6 months for careless.
I didnt see what was careless about handbraking into a park, officer on the side of the road did.
Patrick, you know as well as all of us do that your workmates are asholes about anything on road.(just as you are about red bling)
Nope, you would have no idea what careless would be. But you know it all already anyway... Arseholes (meaning people with shit attitudes now...)attract Police attention. I bet you were a real big one...
You dish out red for no reason. I wondered why. Yep, I'm an arsehole for asking why.... What a :tugger:
At the ripe old age of 15 I'm not surprised you didn't see it was careless...'driving in a manner a prudent motorist would not' is how careless driving is described - and a 15 year old doing a hand-brake mickey into a park falls nicely into that catagory... :shit:
(BTW at 15 I would not expect you to have TOO much of a record anyway).
I did... he is a :tugger:..... his eye sight and mental capacity have all been affected from his self inflicted affliction.
why dont you come up here and take up HP duties?...LOL
Why you being so mean?:cry::crybaby: Cruel and unusual punishment....
Mom
23rd April 2008, 18:03
Why you being so mean?:cry::crybaby: Cruel and unusual punishment....
Sorry! :hug:
ynot slow
23rd April 2008, 20:40
Sounds a lucky break,guy I know was caught doing 152km,over limit dic.Was doing 180km just before cop nabbed him,he got $1300 fine and 6 months,plus an impound cost of $400 or so.And he was done dic almost 2 yrs ago,we thought he might do a stint with mr.jail.His last disqual was over 9 months so go figure.
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