What's happening?
Negligent driving charges arise where a person's driving is alleged to have fallen below the standard expected of a reasonably careful driver, without necessarily reaching the higher threshold required for dangerous driving. These matters can range from relatively minor incidents through to more serious cases involving injury or death.
Because negligent driving is assessed against an objective standard of care, the evidence often focuses on what a reasonable driver would have done in the same situation, rather than the driver's intentions. Police reports, witness statements and, in more serious matters, expert evidence can all play a role.
What could it mean for me?
- A negligent driving conviction can result in demerit points, a fine, and in more serious cases, licence disqualification.
- Matters involving injury or death are treated more seriously and can attract higher penalties than negligent driving alone.
- A finding of guilt may affect your driving record and how future traffic matters are viewed by a court.
- Insurance implications can arise where negligent driving is linked to a collision or property damage claim.
- Provisional licence holders may face additional consequences for a negligent driving finding.
What are my options?
- Contesting the charge where there is a dispute about whether the driving was in fact negligent.
- Pleading guilty and making submissions in mitigation, particularly where the incident was a genuine lapse rather than a pattern of behaviour.
- Raising evidence about road conditions, mechanical issues or other contributing factors.
- Seeking a non-conviction or lesser outcome where appropriate to the circumstances and your record.
- Negotiating with police or prosecution about the specific charge where more than one option is available.
What happens next?
- Obtain and review the police version of events, including any Court Attendance Notice details.
- Gather evidence such as photographs, dashcam footage or witness accounts relevant to the incident.
- Get advice before your first court date about the strength of the case and possible outcomes.
- Consider how the outcome may affect your licence and any related insurance matters.
- Attend court as required and follow through on any agreed plea or hearing strategy.
How can MGE Lawyers help?
We assist clients with negligent driving matters at all levels of seriousness, from minor Local Court matters through to those involving injury. We take time to understand exactly what is alleged and to identify any factual or legal issues with the prosecution case.
Where a guilty plea is the right course, we prepare submissions that fairly present your circumstances to the court, aiming to minimise the impact on your licence and record where possible.