Careless driving charge! Help

**z99** · 11th May 2009, 14:07

First time gt the "careless driving charge 37(1)" NOt to sure what too do..should i pay some lawers?or just use a free duty lawer out side the court?

**Nasty** · 11th May 2009, 14:10

Such a short post for such a big problem. It depends on what the charge is for .. if you are guilty or copping guilty ... or if you are going to fight it and how hard ... probably need more information that I got charged what do I do.

**Gubb** · 11th May 2009, 14:24

Gutted mate. This in relation to the BMW incident?

How you healing up? The Missus ever forgive you (or fizbin?)

**p.dath** · 11th May 2009, 14:54

Careless Driving usually isn't very serious, and I'm guessing most people charged with it are found guilty. Careless driving is quite broad, so getting off may be difficult.

Probably best you talk to a legal advisor breifly to ascertain the likely consequences. if they aren't great, it's usually easier [and much cheaper] to just plead guilty.

And a tip, if you go to court (and you often don't even need to), the JP's are usually looking for you to acknlowedge that what you did was wrong, and that you accept responsibility. e,g. I acknlowedge I was speeding at the time of the accident and that this contributed to the accident and that I accept responsibility for the accident occurring.

**sleeqe2000** · 11th May 2009, 15:02

Are you insured ? - most policies cover upto 20000 bucks legal cover. Might be better to use it. Could save you thousands in reparations....

**pritch** · 11th May 2009, 15:37

Too little information but...

I was once charged with "careless use of a motor vehicle" so was interested to see the likely tarrif. On checking the newspaper I noted that everybody charged with careless use seemed to lose their licence.

A licence was necessary for my work so I lawyered up. When it went to court I was fined, (and had a lawyers bill), everybody else lost their licence.

How bad do you need your licence?

**lankyman** · 11th May 2009, 16:03

I was charged with careless driving once, was fined $300 plus $150 court costs. Was going to be charged with dangerous driving, but managed (through some crafty thinking) to get one up on the cop charging me. He agreed to drop the charge provided that I plead guilty to the lesser charge.

**popelli** · 11th May 2009, 18:12

Originally Posted by p.dath

Careless Driving usually isn't very serious

unless the law has changed

it used to be automatic loss of licence for 6 months

I got charged with it years ago, I got a good lawyer and got off

**scumdog** · 11th May 2009, 18:15

Originally Posted by popelli

unless the law has changed

it used to be automatic loss of licence for 6 months

I got charged with it years ago, I got a good lawyer and got off

Nah, last one I did was $500 fine + $130 costs, that's all.

**Madness** · 11th May 2009, 18:18

The disqualification penalty is definitely discretionary. Careless carries 35 demerit points too, eh Scummy?.

**6ft5** · 11th May 2009, 18:21

so more information would be useful, as a victim of a careless driving accident and the driver got off "not guilty" I would be interested to hear if there is any guilt on the person causing the accident in terms of what you did? There are always 2 sides to things

**The Pastor** · 11th May 2009, 18:26

Loss of licence is up to the court. Its a min $400 fine.

**fireliv** · 11th May 2009, 18:27

Originally Posted by z99

First time gt the "careless driving charge 37(1)" NOt to sure what too do..should i pay some lawers?or just use a free duty lawer out side the court?

Careless driving no longer holds a manatory disqualification period. JPs MAY impose one, but not normally unless you were really naughty.

You have the right to plead guilty by letter, without having to appear. You can also write in and ask for a hearing if you wish to plead not guilty.

Duty solicitors will not represent in this court normally as it is very minor, nor can you get legal aid. U can however go and talk to community law if you think that you might have a defense to the charge, and they can help you put it together for you to present (they are free).

If you are looking at pleading guilty, and are a first time offender you are eligable for diversion. If you are writing in state clearly that you wish to be considered for diversion, cos sometimes if you dont ask they wont offer it. Or if you attend in person then ask for diversion.

If you are not a first time offender and are really worried about your licence you could appear and ask if you could keep your licence if you did a defensive driving course.

Good luck with your case