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VIC Careless Driving = court

Discussion in 'Politics, Laws, Government & Insurance' started by akaluke, Mar 9, 2012.

  1. FYI...

    Until the middle of last year, a 3 year trial meant Careless Driving would generally result in a TIN.

    As far as I can tell, the trial is over and you'll now end up in court.

    Solo crash + police = Careless Driving + court

    Yes, I'll be going to court in May.

  2. :( :(

    Yeah, make a mistake and they throw salt on the wound!

    :( :(
  3. ...that's a bit harsh...what happens if you're a learner rider?
  4. Solo crash. There's your problem.

    You should have hit a motorcyclist while performing a u-turn for cupcakes. then you'd have been let off scott-free

    There's a serious disconnect here between solo crashed where the police insist "It must have been your fault then" versus people running into bikes where the prevailing police attitude seems to be "Oh well shit happens"
    • Like Like x 5
  5. This idiotic situation has been the case in New South for years; Netrider Haggis got taken out by a kangaroo up near Walcha, wrote off his bike, spent over a month IN HOSPITAL recovering and was charged with negligent driving while he was still there.....
  6. Deleted....
  7. The above example was hyperbole on my part.
    But most 2 vehicle accidents the police don't even want to deal with provided nobody is injured. I've had to insist on them giving me an incident number before since my insurance company wanted one.

    Yet both times I've been in a single vehicle accident I've had police threatening to charge me with careless driving, despite me clearly explaining that they were the result of mistakes caused by inexperience, not lack of care
    (Under speed limit, riding appropriately for the conditions etc, and then reacted poorly due to inexperience)
    Simply because fo the attitude that if you crash on your own it must be careless driving. But the same attitude doesn't seem to exist for 2 vehicle accidents.

    Edit: Quoted portion deleted.
  8. Yeah Damo can you remove my quote mate. I feel I might get bashed for it haha.

    Meanwhile you're spot on about two wheeled accidents I think. Yes the police must take action in the result of a collision (In NSW anyway) which more often than not results in a TIN.

    I wish there was some form of discretion, you know; case by case so to speak, but there just isn't.
  9. Another TAC initiative no doubt. Which brings me to...

    Not every solo accident = careless
    If there are mitigating circumstances they wont bother charging you.

    Those circumstances can include oil on the road, avoiding rampant animals, and some bodily functions.

    Here's the thing to keep in mind when you're going to court on flimsy trumped up charges, if they decide to drop them before going into the court room it will be in exchange for 'not pursuing costs'. Feels like a win but it's not, it will cost you more in time and money than it would to just plead guilty. Substantially more.

    So if you think the best path is to enter a not guilty plea and contest the charge be sure you're cashed up first.

    In case you missed it, knowing what to say when giving your statement is the message here. Ride smart, be smart.
  10. On thinkback maybe that's what they're bringing in down here, automatic charge without discretion irrespective of the circumstances.

    Then the only way to avoid a charge is to not call the ambos, you've just got to walk it off.

    The TAC will require an independent witness to an accident before accepting a claim. These are either an ambulance report, a police report, or and independent witness who actually saw the accident take place.
  11. Can someone put their hand on a reference for this?
  12. When I had my accident the HWP officer was recording everything I said and taking notes... Be very careful what you say.

    For what it's worth, I didn't end up with a negligent driving charge. I did however get told quite clearly that she would have to talk to her superior lieutenant about the situation (gravel + L plates) to avoid one coming though. She made it sound like it was usual practice to issue them when you come off and can't ride away.
  13. This the one where she just happened to be passing the other direction just at the same time? I've been under the impression they have to tell you they are recording, simply from being told that many times. Glad you didn't get hit with it, i'm sure you had enough trouble that day.
  14. Yep that was the one! I haven't crashed THAT many times hehe

    To be honest, I'm not 100% sure if she did ask, but I'm leaning towards yes, she did.. I had other things on my mind haha

    A bit of research and you're correct:


  15. Cheeses! Whatever happened to good 'ol 'failure to keep proper control of a motor vehicle!!? At least THAT was a tin.
  16. Because one may possibly avoid TAC payouts where the other may not. Just my guess.
  17. You may want to have a read of that bit of legislation again. It is only relevant to: Part 8A Use of Police in-car video equipment.

    Was she recording using a portable device on her person, or was it the ICV?

    Also, there is different legislation down here in Victoria, which does allow it unless you have been arrested which is different legislation again.

  18. FWIW - I was questioned while lying in an ambulance, with a neck collar and under the influence of morphine.

    I don't think he was recording me - but the charge sheet seems to quote me word for word.

    If you crash your bike, the best you can hope for is that a cat ran out in front of you.
  19. I saw something......