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If you are charged with careless driving we can help, generally the penalties that would be imposed for careless driving should you be found guilty are not as harsh as more serious traffic offences. You might have a defence to the charges though and if we can identify it together we can build a case to defend you.
Even where you intent to plead guilty, you can meet with our team before you decide on how to approach things to discuss court process and understand what you must do yourself in terms of gaining the best possible outcome, often where it’s your only offence you might be better of self-representing after gaining some basic legal advice.
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Learn more about lifetime driving disqualification in WA.
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FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged careless driving in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Appointment with our traffic lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with careless driving case experience.
Meet with lawyers who have successfully helped many clients charged with careless driving.
Lifetime Disqualifications
A permanent life disqualification from driving may be imposed by a Court sentencing an offender for serious traffic offending. The offences themselves that carry mandatory life disqualifications vary amongst the Act. It is best to seek legal advice as to what penalties apply to the offence that you are charged with.
If the Act requires a Court to impose a mandatory life disqualification, that term cannot be reduced by mitigation or personal circumstances of the offender.
If you are disqualified from driving for life, you may apply to the Court after 10 years to seek that your disqualification be removed. These applications are quite lengthy applications made in the District Court. You should seek legal advice to discuss the prospects of success and what documents are required to remove the life disqualification.
Why you might lose your licence for life
Where you have committed a number of serious traffic offences, the Court is required to impose a permanent life disqualification from driving. This is as a result of a presumption in the legislation that persons who continue to commit serious traffic offences cannot be trusted driving in the community. It does not matter the length of time between offending, or the circumstances of offending where you are a continued repeat offender.
There are several situations in which the Court must order permanent disqualification, such as being found guilty for:
Other than the above, the Court may also order that your licence be disqualified permanently if it thinks that it is appropriate to do so. Prior offending and poor traffic history may increase the likelihood of the Court imposing permanent disqualification.
Getting your licence back
When you have been disqualified from driving for life, you have to wait for a period of 10 years before you can apply to get your licence back. Thereafter, you will have to lodge an application with the District Court enclosing a number of references, medical test results and affidavit materials.
You should ideally obtain legal advice from a lawyer before applying to ensure to you have waited out the correct waiting period. If you have not waited long enough, your application will be refused and you will likely have to pay the costs of the application nevertheless. Moreover, you will have to wait another year before you can make another application.
There are several factors that the Court may take into account when deciding whether to remove your disqualification:
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged careless driving in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Appointment with our traffic lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with careless driving case experience.
Meet with lawyers who have successfully helped many clients charged with careless driving.
Helpful Information
Lifetime Disqualifications
A permanent life disqualification from driving may be imposed by a Court sentencing an offender for serious traffic offending. The offences themselves that carry mandatory life disqualifications vary amongst the Act. It is best to seek legal advice as to what penalties apply to the offence that you are charged with.
If the Act requires a Court to impose a mandatory life disqualification, that term cannot be reduced by mitigation or personal circumstances of the offender.
If you are disqualified from driving for life, you may apply to the Court after 10 years to seek that your disqualification be removed. These applications are quite lengthy applications made in the District Court. You should seek legal advice to discuss the prospects of success and what documents are required to remove the life disqualification.
Why you might lose your licence for life
Where you have committed a number of serious traffic offences, the Court is required to impose a permanent life disqualification from driving. This is as a result of a presumption in the legislation that persons who continue to commit serious traffic offences cannot be trusted driving in the community. It does not matter the length of time between offending, or the circumstances of offending where you are a continued repeat offender.
There are several situations in which the Court must order permanent disqualification, such as being found guilty for:
Other than the above, the Court may also order that your licence be disqualified permanently if it thinks that it is appropriate to do so. Prior offending and poor traffic history may increase the likelihood of the Court imposing permanent disqualification.
Getting your licence back
When you have been disqualified from driving for life, you have to wait for a period of 10 years before you can apply to get your licence back. Thereafter, you will have to lodge an application with the District Court enclosing a number of references, medical test results and affidavit materials.
You should ideally obtain legal advice from a lawyer before applying to ensure to you have waited out the correct waiting period. If you have not waited long enough, your application will be refused and you will likely have to pay the costs of the application nevertheless. Moreover, you will have to wait another year before you can make another application.
There are several factors that the Court may take into account when deciding whether to remove your disqualification:
What happens if I drive whilst disqualified?
It is a serious offence to drive while your licence is under court ordered disqualification or under cancellation. If convicted, you will receive a fine and a minimum disqualification of 9 months on top of your current disqualification period. No Authority to Drive disqualifications can be made cumulative to Life Disqualifications, meaning even after you have the life disqualification removed you must then serve your cumulative disqualifications.
Continuing to drive unlicensed may result in the Court imposing a term of imprisonment. You should seek legal advice if you are charged with driving whilst disqualified.
The other consequence of driving while you are disqualified or under cancellation is that you have no third party (personal) insurance, because this attaches to your driver’s licence. If you do not have third party insurance and you injure someone or cause damage to someone else’s property while driving, you are completely responsible for the costs associated with the injury or property damage.
When does a disqualification start?
If you are found guilty, a disqualification will start when you are sentenced.
If you are sentenced with disqualification whilst you are serving a previous disqualification, the disqualification will be cumulative on (in addition to) the previous one. For example, if you have been disqualified for 9 months, and you are currently on a 6 month disqualification, the 9 month disqualification will start only when the 6 month disqualification is over.
When can I apply to remove a life disqualification?
If you have been disqualified from driving and the length of that disqualification is more than three years, or you have been disqualified for life, you can apply to get your driver's licence back before the disqualification ends.
However, you will have to wait a certain amount of time before you can apply to get your licence back.
Get the best possible outcome with our team.
Some recent outcomes are below.
Minimum Penalties – Perth Man
Perth Man walks away with minimum penalties for drink driving offence. A man charged with Driving whilst under the influence of alcohol (in excess of 0.15) walks away with a minimal fine and disqualification from driving.
Repeat Offender Avoids Jail – Perth Man
Midland Man gets the benefit of a further suspended sentence for Driving without Authority. A Midland Man who has come before the Court for No Authority to Drive on numerous occasions, walked away with a further suspended sentence after previously having been granted the benefit of the order by the Court for prior offending.
Charges Downgraded – Perth Man
Young Man charged with Reckless Driving under Hoon legislation has charges downgraded to Careless Driving. The result means the driver no longer faces a period of disqualification of his licence for the offence and his vehicle won’t be crushed.
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