A teenager has avoided a criminal record for a "tragic" collision that resulted in the death of his mother while he was at the wheel as a learner driver.
The man, who the ABC has chosen not name because he avoided a conviction, was driving with his mother as a supervisor from their home in Napoleons into Ballarat for a Sunday evening meal in October 2020.
The Melbourne Magistrates Court heard on Wednesday the teenager pulled over on the side of Colac-Ballarat Road after the ute he was driving became stuck travelling at a maximum speed of 40kph.
Defence barrister Anthony Lewis said the woman removed her seatbelt to look at the dash and suggested to her son he should complete a U-turn to return home.
The court heard the car stopped on the road during the U-turn, due to either stalling or mechanical problems, when the collision happened.
The 18-year-old learner driver, who had completed 80 hours of driving practice, was charged with dangerous driving causing the death of his mother in September 2021 after a police investigation.
Emotional burden
Mr Lewis said the charge had hung over the young man's head for 10 months until Magistrate Hayley Bate ruled for it to be discharged last month.
The teenager, now 19, pleaded guilty to one charge of failing to keep left of a dividing line via a video link with his father.
Prosecutor Andrew Norris said the U-turn conducted was against the road rules, regardless of the potential mechanical failure that caused the car to stop on the road.
The court outcome
The teenager avoided a criminal conviction after Ms Bate granted him a diversion, with no conditions.
Ms Bate said she took into account the "astronomical difficulty" the man had faced since the "tragic accident" happened.
"You come before the court with an unblemished record.
"You have also demonstrated since the time of your mother's passing incredible efforts and impressive resilience, not only obtaining your P plates, but also in excelling in your chosen career.
"In my view you pose a minimal risk to other drivers on the road."
The charges of careless driving and failing to ensure a passenger was wearing a seatbelt were withdrawn.
