The Court:
Ballarat Magistrates Court
The Charges
The Allegations
The client was charged with Reckless Conduct, Endangering Serious Injury, and Careless Driving. Our client was involved in a collision where the other driver received non-life-threatening injuries, on an evening when it had been raining and there were power outages on the roads. Our client entered an intersection without giving way, subsequently colliding with another vehicle.
He provided his version of the events related to the incident during a full interview with the Victoria Police, and there were no witnesses to the incident or CCTV footage available. Our solicitor reviewed the interview carefully, with particular interest in the admissions made to the Ballarat Police regarding his driving conduct.
At Court
Upon reviewing the evidence, our solicitor formed the view that the prosecution did not have sufficient evidence to prove the more serious charge of Reckless Conduct Endangering Serious Injury.
Our client advised the police during his interview that he was travelling at the speed limit, was not familiar with the area, and had applied the brakes as soon as possible to avoid the collision. It was apparent that the prosecution would have difficulty proving that a reasonable person taking the same actions as the accused would have realised that their conduct would place a person at risk of serious injury.
The Outcome
Following negotiations with the prosecution at the Ballarat Magistrates Court, our client pleaded guilty to Careless Driving and the more serious charge of Reckless Conduct Endangering Serious Injury was withdrawn.
Our client received a $600 fine without conviction and was not issued any order against their driver’s licence.
