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Driving without due care, also known as “careless driving,” is an offence under section 45 of the Road Traffic Act 1961 (SA). It refers to driving a vehicle without the level of attention or care that a reasonable driver would exercise in similar circumstances. Unlike dangerous driving, this offence does not require proof of intent or recklessness — it is enough that your driving fell below acceptable standards.

Common examples of driving without due care include:

• Failing to give way
• Tailgating or following too closely
• Sudden lane changes without signalling
• Not stopping at a stop sign or red light
• Distracted driving (e.g. using a phone)
• Minor collisions or rear-end crashes

The penalties for this offence can vary depending on the circumstances of the incident. Generally, penalties may include:

Expiation notice (if no injury or death occurred):

• Fine starting from $400
• Loss of 3 demerit points

Court summons (if the matter is more serious or results in injury or death):

• Higher fines
• Possible licence disqualification
• A criminal record
• In serious cases, imprisonment

If death or serious harm results from the driving, a more serious charge such as aggravated driving without due care may be laid, which carries harsher penalties and mandatory licence disqualification.

While some minor cases can be expiated with a fine, it’s important to seek legal advice before paying the fine or going to court — especially if:

• You believe you were not at fault
• You were charged after an accident
• Someone was injured or killed
• You’re facing a possible loss of licence or criminal record

One of our traffic lawyers can assess your case, explain your options, and help you avoid unnecessary penalties or reduce the severity of your charges. At Woods & Co Lawyers, we have extensive experience defending clients charged with driving offences and can guide you every step of the way.

Simply give our office a call and we can arrange a time to go through your traffic matter.

At Woods & Co Lawyers, we take a strategic and personalised approach to defending traffic matters, including careless driving. We can:

• Review police evidence and accident reports
• Advise you on whether to contest the charge
• Represent you in court and negotiate on your behalf
• Help you avoid or minimise licence disqualification and fines

If you’ve been charged with driving without due care in Adelaide or regional South Australia, contact us today for a confidential consultation. Our experienced team of traffic law experts is here to help you understand your rights and defend your case with skill and determination.

Call us or use the form below to book your free initial consultation.

Click the link if you want to learn more about another traffic law matter.

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