Driving without 'Due Care'

How we can help:

It is important that you seek representation from criminal lawyers in Adelaide experienced in dealing with traffic offences to avoid lengthy disqualification periods and potential imprisonment. While some might argue that 'driving without due care' is a traffic offence, Parliament has now prescribed significant maximum penalties. We can help ensure these penalties are avoided or reduced.

Contact us for advice.


Driving without due care can include momentary lapses of concentration.

You will be charged with aggravated due care if during the course of commiting the offence it is alleged:

  • serious injury resulted
  • excessive speed was involved
  • drink driving was involved


The maximum penalty for driving without due care contrary to section 45 of the Road Traffic Act 1961 is a fine and loss of licence. However, if you are charged with an aggravated offence you can be imprisoned for up to 12 months and the Court must disqualify your licence for a minimum of six months.