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Driving Without Due Care

Driving – Dangerous Driving Offences – SA

The Law – Driving Without Due Care

What the Law states

It is an offence to drive without due care or attention or without reasonable consideration for others [Road Traffic Act 1961 s45].

A person who has been in any way negligent in the driving of a motor vehicle may be charged with this offence and it is often used in addition to another offence, where an admission has been made, or it appears the driver was careless. This is often the case where a driver has had a collision that is solely their fault (most notably running into a stationary object, such as a street sign or a parked car). If a driver pleads guilty to the other offence with which they have been charged it is likely that the police will agree to withdrawing the due care (also referred to as ‘careless driving’) offence.

Maximum Penalty – Driving Without Due Care

For a basic (non-aggravated) offence — a fine of up to $1250 and 3 demerit points.
For an aggravated* offence — a maximum of 12 months imprisonment and at least 6 months disqualification.

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