Careless Driving
Lawyers & Barristers

If you are being interviewed regarding a careless driving, even if it is an informal chat it is important you obtain legal advice BEFORE speaking the Police. Often the Police will tell you it's just 'routine' or just a 'quick chat'. Whatever they say, they are gathering evidence and they are not your friend. You are legally obliged to give them your name, address and date of birth HOWEVER you do not have to answer any questions, anything you say may be used against you in the future.

That depends. If you want the best possible chance of being able to defend the charges or if there is no defence and you want to seek the lowest possible penalty then you should really seek professional legal advice. You should consider the effect of a conviction on your record should you be found guilty after not being represented properly. You may find it much more difficult to find employment when your employer requests a criminal record check. In certain industries it can completely rule you out as an employee. It can also have an impact on visas and international travel.

Think things through carefully before making a decision about not seeking advice, although it isn't cheap, it could cost you alot more in the long run if you don't gain the best possible result.

It's possible but certainly not advisable. If you were to have a massive heart attack would you attempt to treat the condition yourself or would you seek professional help?

Usually careless driving charges are dealt with at your local magistrates court. The magistrate, prosecution and support staff in the court will all be looking at you and expecting you to respond at the appropriate times. You will need to provide relevant paperwork to the court at the right time, you may be required to speak publically without the use of notes, you will also need to fully understand court process and control yourself to avoid being in contempt of court.

Do you know what paperwork would be required to obtain the best possible outcome? How are you with public speaking? Do you know how to defend yourself properly and the rule of law in WA? Do you understand how mitigation works for reducing penalties? Do you have much experience defending yourself in court?

Having a careless driving lawyer represent you in court means you will have experience, confidence and knowledge behind you, they know the system and the courts very well. Your lawyer will complete all of the required paperwork and talk on your behalf in court, just as they have done many times before with clients accused of careless driving.

This depends on the circumstances of the assault, your history and other factors. Each and every careless driving charge we deal with is different.

If you are concerned about the impact being found guilty might have on your life, it would be an intelligent idea to seek professional legal advice as soon as possible.

Your lawyer will be able to answer this question once you have had an appointment with them and the lawyer has had the opportunity to discuss your circumstances and taken your further instructions.

If you are found guilty or plead guilty of careless driving it will appear on your criminal record. You can however apply for something called a spent conviction at the point of conviction. If applied for properly and if the court grants it, this means it will not show up on your criminal record for employment purposes.

We have successfully obtained spent convictions for clients where there has been no reasonable defence on many occasions to help with their current and future job prospects.

If you fail to apply for a spent conviction at the appropriate time or attempt to apply and it is rejected you will be unable to make another application for 15 years from the point of conviction. This means the conviction will appear on your criminal record for 15+ years, including for employment purposes.

Unfortunately appeals are potentially very expensive. Unlike dealing with the matter with legal representation from the start and going through the magistrates court, appealing a criminal conviction is when you ask the Supreme Court to review the conviction.

There is substational legal work in putting together an appeal, it is not enough to say that the conviction or sentence was unfair. To win your appeal you need to show a ground of appeal that is accepted by the law. This could be that the court made an error of law or an error of fact or imposed a sentence that was excessive.

The appeal must be made within 28 days of the decision

To find out if you have a case, you must urgently seek legal advice to avoid missing deadlines