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ARTICLE · 01 DECEMBER 2021

Careless Driving charges

The offence of Careless Driving as compared to Dangerous or Reckless Driving. Maximum penalty etc.

AustraliaCriminal Law

Careless driving is defined in section 62 of the Road Traffic Act 1974 (WA) as driving "without due care and attention".

Examples of behaviours which may be classified as careless could be, but are not limited to, the following:

  • going through a stop sign,
  • looking down as opposed to looking at, or concentrating on, the road ahead.
  • Crossing over lanes where the road is marked with solid white lines,
  • Drifting into another lane on the road, without realising.

It should also be noted that some of the above conduct could – in certain circumstances – amount to the more serious offences of dangerous or reckless driving. The act of careless driving is ordinarily not intentional or deliberate but arises as a direct result of inattention or a momentary lapse of judgement (i.e a poor split-second decision).

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