Negligent Driving?

[deemo]

well, i span out in the wet and rode off my car; no other cars were involved but my car had to be towed away;

next day i made a report with cops, insurance sake; there and then they said that nothing will proceed from they side because no one was hurt and no other cars were involved; but they just called again ( different cop shop) and said that cus they r my local station, they just got the paperwork and report and that because i said in report i traveled close to 80 (in 80) they will investigate and i might be issued with a infringement for negligent driving

thig is they r investigating only cus i said 80 in report, drove past the spot and unfortunately it has one of those recommended speed signs showing s bend and recommended speed of 65

i reckon they will nail me

what is the fine, what does it carry, loss of license, points, $$$??

recommendations what i could do about it??

cheers

[dan_the_man]

you didnt admit to 80. the onus is on them to prove what is considered to be "close to 80."

[br3ndan]

Whats the deal with those recommended yellow speed signs? Do we have to follow them..? Can we get done for speeding over that limit?

Only time will tell i guess deemo, but i wish you the best of luck

[deemo]

i think they wrote 80 in the report, i said that i was going 80 when approaching, took my foot off before the bend so it couldnt be more that 75 at that point but i guess they will only believe at what the bloody report says wont they

i bloody signed it as well...

it was only next morning that i went to do the report, obviously i was not feeling that well...dont even quiet remember allot of what i said in the report

[Beelzebub89]

im pretty sure recommended speed is just that. a recommended speed. You dont have to go that speed round the corner but it is safer etc. Im not sure what can be classed as negligent though because as a learner you are taught to slow down in the wet. I wouldnt stress too much you can't do anything about it until they investigate it. If they try and fine you maybe look into contesting the fine & points. You might be able to trade off no points but get a bigger fine so give it a go. Call up the transport centre and get some advice from them.

[raps86]

best thing i would reckon 2 do is not say anything 2 the police. cause if they dont do anything and u say sumthing thay will more than likely fine u. i have mates where dads r cops and they have said that if anything happens then not 2 ask the cops bout it. it will be nervracking wanting 2 know if u have been fined. last time i got done for neg driving it was around 2 or 3 hundi fine and 3 points in nsw

[NISZILA]

When I had my car accident about 5 years ago, they fined me $100 and three points for negligent driving. I'd say it has gone up since then. Sorry to hear about you car man

[NYTSKY]

I hit a fence.I was the only one involved in the accident.The police told me i would get a fine of some sort.

It was negligent driving $318 and 3 points.I thought it was a bit harsh considering i just smashed my car and it cost me $2500 to get it out of the panel shop

But yeh i think its standard procedure.

[MBS206]

By law, if a car must be towed from an accident, (IE, the car is not driven away to some degree etc) then the driver at fault, must be charged.

The same as if the police attend a motor accident scene, someone by law, is meant to be charged.

[[200]]

By law, if a car must be towed from an accident, (IE, the car is not driven away to some degree etc) then the driver at fault, must be charged.

The same as if the police attend a motor accident scene, someone by law, is meant to be charged.

Ah, no.

When anyone is involved in a crash and it falls under these circumstances then it will be investigated

- Death or serious injury

- Alcohol / drugs a contributing factor

- Particulars not exchanged (drivers licence details and rego details)

- Vehicles towed away from scene

It is being investigated because your car was towed away. Not because of the speed you were doing. Negligent is defined as what a prudent person would or would not do. Does the everyday Joe Blow crash his car on the same corner? No... so thats why you would be getting a neg drive ticket. It is in the Commissioners instructions that a ticket must be issued because of the demerit points. If paid or heard at court where it is proved, it proves liability to assist anyone seeking compensation for any damage caused...

[deemo]

so when you say "the car is not driven away to some degree", Matt, what do u men? cus i have driven the car away for a good 200m and get it to a safe area to wait for a truck

and what is considered by "tow from the scene", i men if i moved the car for some distance to get it of the road, is it still considered "scene"??

Edited April 13, 2008 by deemo

[jarryd2nd]

my mate got nailed on one the cop was at the end of the corner chucked two points and a eighty dollar fine

[madbung]

Recommended speed signs are simply that...recommended, they're not enforceable speed limits.

In your case if it is found the reason your accident occurred was because you failed to heed the recommended speed warning. It could be deemed negligent/dangerous driving.

[race_snooze]

as far as I know all single car accidents that are reported or have to be towed will be charged with neg driving regardless, thats in the NSW, well that was the law 2 or 3 years ago may have changed now.

[JAS-25T]

Ah, no.

When anyone is involved in a crash and it falls under these circumstances then it will be investigated

- Death or serious injury

- Alcohol / drugs a contributing factor

- Particulars not exchanged (drivers licence details and rego details)

- Vehicles towed away from scene

It is being investigated because your car was towed away. Not because of the speed you were doing. Negligent is defined as what a prudent person would or would not do. Does the everyday Joe Blow crash his car on the same corner? No... so thats why you would be getting a neg drive ticket. It is in the Commissioners instructions that a ticket must be issued because of the demerit points. If paid or heard at court where it is proved, it proves liability to assist anyone seeking compensation for any damage caused...

While this is the law, unfortunately it is not enforced correctly every time.

I was involved in an accident where it was proven, beyond reasonable doubt that a prudent driver would also have an accident in the same location under the same circumstances (by showing accident data for that road combined with RTA reports that the road should have been repaired). I also had the charging officer say in the court that he was doubtful that I was driving in any negligent manner.

I was still charged with negligent driving anyway, as the magistrate used his authority to push me around.

Moral to the story:

Just because the law is written in such a way, doesn't mean that a magistrate can not over rule it in your favour or otherwise.