VIC Careless Driving on Freeway - Can I Plead Not Guilty?

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Kara Miller

Member
8 February 2017
2
0
1
Hi all,

So I have to appear in court in about 6 weeks for a Careless Driving charge. I hit the rear of a crane on a freeway after going around a slight bend on the freeway. I was looking (not touching) at my GPS fixed to my air vent, and failed to see to see the crane in time. No witnesses (well I didn't get their names), only me and the driver. The police and the ambulance came later.

I am 95% sure that the crane was illegally driving on the 100km freeway. While the details of the case state the crane was travelling at '58-60km per hour', I have done some research and I am confident that the maximum speed the crane model can do is 49km. According to the Victorian road laws, a crane that's maximum speed is 'not more than 60 km/h may not be used on any freeway or tollway on the approved roads.'

What are my next steps from here? Can I plead Not Guilty on the grounds that the crane was illegally driving on the road? Should I definitely get a legal representative or go for it myself? This is my first court appearance and I'm 25.

Also I have some very selective quotes used by the policeman as evidence (which have no context and are very skewed). Can I request a recording of the police interview? My friend said that for the quotes to be used as evidence, a recording is mandatory?

Thanks heaps!
 

Tony Danos

Lawyer
LawTap Verified
29 November 2016
256
38
719
Victoria
lawtap.com
Kara

Even if the crane was "illegally" driving on the freeway, the police will say that you should have been keeping a proper lookout. Did you tell them about the GPS?

I do a lot of these cases and would be fine about seeing you free of charge to give you some advice.

Regards
 

Kara Miller

Member
8 February 2017
2
0
1
Yes, I suspected this. Surely it will help my case though a little?

Yes they know I was looking at GPS - my parents told them at the scene while I was in the ambulance truck.

Should I call you? When suits?

Thanks,