Any person who drives a motor vehicle without due care and attention, commits an offence.

Careless driving is not necessarily negligent and inconsiderate driving does not fall within the ambit of this offence.

The maximum penalty for this offence is 12 penalty units ($600).

(1) That the accused person was driving a motor vehicle; and
(2) That the accused person was not taking due care or paying attention while driving.

The Police do not have to prove that there was any intention and the test for ‘due care and attention’ is the level of care and attention that a reasonable driver would exercise in the circumstances.

(a) Duress;
(b) Emergency;
(c) Identification (ie. The accused was not the person driving);
(d) Due care and attention was being exercised; and
(e) The vehicle was not ‘driving’ at the time of the offence.

The matter would be heard in the Magistrates Court