Charge
Careless Driving (for more information on careless driving click here)
Facts
When the client travelled around a bend he lost traction and crashed his car. The police charged him with Careless Driving. When questioned the client said he could not remember how the crash occurred. There was no other evidence in the brief that the client had been careless in regard to his driving that day.
Results
Prior to the matter coming to hearing we indicated that evidence of an accident is not necessarily evidence of carelessness, however the Police did not withdraw the charges. When questioned the informant could not provide any other evidence other than that there had been an accident. We made a no case submission and were successful.
The client was not even required to give evidence because the Magistrate was satisfied that no evidence had been led that would allow for a finding against the him. What the prosecution had failed to realise is that just because there is an accident, it does not necessarily mean there is carelessness. The Magistrate awarded costs against police.
On a finding of guilty it would have been possible for the Magistrate to suspend the client’s licence and add three demerit points. The client could not afford this outcome, as it would have been enough to put him over the 12 points allowed.
