Power to proceed on charge for careless driving on hearing of charges under section 74, 75 or 82

Where a person is charged summarily before a magistrate with an offence under section 74, 75 or 82 and the magistrate is of the opinion that the offence is not proved, then, at any time during the hearing or immediately thereafter, the magistrate may, without prejudice to any other powers possessed by him, direct or allow a charge for an offence under section 83 to be preferred forthwith against the defendant and may thereupon proceed with that charge, so however, that the defendant or his attorney or counsel shall be informed of the new charge and be given an opportunity whether by way of cross- examining any witness whose evidence has already been given against the defendant or otherwise of answering the new charge, and the magistrate shall, if he considers that the defendant is prejudiced in his defence by reason of the new charge being preferred, adjourn the hearing. 64