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Potential Defences in Negligent Driving Cases

In Australia, general negligence of driving is a severe crime and can result in punishments that will cause the registration for your vehicle to be cancelled. If you have been charged with negligent driving, knowing the possible defences available and where to find expert legal assistance can significantly impact the outcome of your case. It's where Rep Revive comes in handy; they are reliable experts in driving offence cases that will help you navigate the legal labour market and create a reasonable defence based on your personal account of incidents against the law.

What is Negligence in Driving?

Negligence of driving means more than a simple mistake behind the wheel; it describes conduct by a driver that falls far below the care expected while driving, such as endangering himself/herself, passengers, other drivers, or pedestrians. Penalties for careless driving can vary from monetary penalties and licence suspension to harsher sanctions, according to the seriousness of the crime.

  • Possible Defences to a Negligent Driving Charge

The circumstances vary, and as such, if you are charged with negligent driving, some defences may apply. Lawyers at Rep Revive are experienced in mixing and matching these defences to ensure your options can be seen as a complete legal picture.

  • Proving the Negligence is Unacceptable

One of the main lines of defence is to refute those pieces of evidence provided by the prosecution. To prove a negligent driving charge, there has to be strong evidence that at the time of committing the offence, the driver failed to observe reasonable care. If this evidence turns out to be deficient or erroneous.

  • Actions Not of Choice Due to Medical Emergencies

On some occasions, a driver suffering from an emergency medical situation can lose control of their car. Circumstances such as fainting, seizures, or other medical emergencies could stop a driver from responding in a way that adheres to the appropriate standard of care. Rep Revive may argue that if your driving behaviour was affected by a medical emergency that (not negligently) caused the improper conduct, we did not treat in reckless or intentional disregard of someone else.

  • Driver Exempt: Mechanical Failures

Negligence of driving issues that may be out of the driver's control are faulty brakes, sudden tyre blowouts, electrical malfunctions and many others. But you will have the burden of proving that the driver was not aware of those mechanical problems. Rep Revive will be able to help you compile the relevant paperwork and/or expert assessments to back up this defence. It confirms that you did everything that a reasonable person would have done to maintain your vehicle.

  • Difficult Road or Weather Conditions

Negligence of driving accidents can also happen due to environmental conditions like slippery roads, low visibility, and sudden debris. In the event that adverse conditions played a significant role in the incident, Rep Revive can argue that these conditions — not driver negligence — caused the accident. For example, if the visibility was poor due to heavy rain or flooding had blocked the roadway, a driver may be able to demonstrate that it was unavoidable in those conditions and thus would be deemed not at fault.

 

What Happens After a Negligent Driving Conviction

The penalty for negligent driving in Australia varies according to how severe the case is. A conviction may result in:

  • Fines: You may receive penalties as a primary punishment for minor negligent driving offences.
  • Licence Suspension or Disqualification: The Court may suspend or disqualify your driver's licence for the more serious offences.
  • Criminal conviction: In worst-case scenarios, negligent driving could result in a criminal record affecting your personal and professional lives.
  • Imprisonment: Robbery can lead to imprisonment in rare instances, especially with repeat offenders or particularly aggravated cases.

If you are found guilty, the repercussions of these incidents may follow you for a long time and affect things as significant as your insurance rates or job opportunities. This is why you should get a professional legal opinion from Rep Revive.

How Rep Revive Can Assist You

Rep Revive is aware that a Negligence of driving charge can cause fear and anxiety. Our experienced legal professionals will craft a defence strategy to help you achieve the best outcome. Behind our plan is a thorough overview of your case, examining every piece of evidence available before crafting each potential defence to create the most potent argument.

With our expertise and dedication, we are prepared to defend you against negligent driving charges and work toward a favourable outcome.

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