Careless & Dangerous Driving — Auckland
Careless &
dangerous
driving charges.
These charges often arise from accidents — but an accident alone does not prove careless driving. The question of whether your driving fell below the required standard is a legal test, and it is not always answered simply because something went wrong.
- Careless use of a motor vehicle (s64 LTA)
- Careless driving causing injury or death
- Dangerous driving (s35 Crimes Act)
- Challenging the standard of driving
- Challenging causation in injury cases
- Discharge without conviction applications
- Defended hearings
What you need to know
Careless driving charges in New Zealand.
A careless driving charge under section 64 of the Land Transport Act requires the Crown to prove that you drove carelessly, meaning in a manner that falls below the standard of a reasonable and prudent driver in the circumstances. An accident is not itself proof of this. Other factors — road conditions, unexpected events, the actions of other drivers — can all be relevant to whether the charge is made out.
Where injury has occurred, the Crown must also prove causation — that your driving caused the injury, rather than some other factor. In cases involving multiple contributing factors, this can be a genuine legal issue that needs to be examined before any plea is entered.
For serious careless driving charges involving death or serious injury, the consequences of conviction can be significant, including imprisonment in the most serious cases. Even for less serious careless driving charges, disqualification is a possibility, though it is not mandatory in all cases.
In appropriate cases, particularly first offences — a discharge without conviction may be available. The court will consider the seriousness of the driving and the specific consequences of a conviction to you.
Was the driving actually careless?
The charge requires proof that the driving fell below a reasonable standard. An accident does not automatically establish this. Sam will examine the police evidence, any reconstruction reports, and the surrounding circumstances before making any recommendations.
Causation in injury cases
The Crown must prove that your driving caused the injury. In cases involving multiple contributing factors — road conditions, other drivers, mechanical failure — this is often more complex than it first appears and needs to be examined carefully.
Disqualification
Disqualification is not mandatory for careless driving in all cases. Whether it applies depends on the seriousness of the offending. In some matters, it can be avoided entirely through careful sentencing submissions.
Discharge without conviction
Available in appropriate cases, particularly first offences where the consequences of a conviction would be disproportionate. Employment, professional registration, and travel are all factors the court will consider.
Get in Touch
Don't wait.
Early advice can change the direction of your case. All enquiries strictly confidential.
Call Sam directly
022 690 5828
Available 7 days.