Dangerous Driving charges that our expert traffic lawyers can provide defence representation for
Dangerous operation of a motor vehicle
Dangerous operation of a motor vehicle is a criminal offence in Queensland as opposed to a traffic offence. This offence occurs when a person drives in a dangerous manner posing a threat to public safety including driving recklessly or excessively speeding. Driving can be considered ‘dangerous’ if it exposes the public to a risk over and above the ordinary risks faced by road users. The courts will consider these factors when determining if a person was ‘driving dangerously’:
- Condition of the road
- Drugs affecting the driver
- Alcohol affecting the driver
- Amount of traffic on the road
- Danger to other road users
What is the maximum penalty you can get for Dangerous operation of a motor vehicle in QLD?
Section 328A of the Queensland Criminal Code states the maximum penalty for dangerous driving is 3 years imprisonment. Penalties can increase to 5 years if drugs, alcohol or excessive speeding are involved. If the offence causes grievous bodily harm (GBH) or death, penalties can increase up to 14 years imprisonment.
What are potential defence strategies for Dangerous operation of a motor vehicle in Brisbane, Gold Coast & QLD?
Possible defence strategies for dangerous operation of a motor vehicle include:
- Challenging whether the accused’s actions constitute ‘dangerous’ driving
- Accused was not operating the vehicle at the time of offence
- Street racing did not occur during the offence
- The person was not adversely affected by alcohol or drugs
Dangerous driving causing death or grievous bodily harm (GBH)
Dangerous driving causing death or GBH is a very serious criminal offence in Queensland. A person commits this offence by driving in a dangerous manner that causes the grievous bodily harm or death of another.
This offence carries severe penalties including imprisonment, license disqualification and significant fines.
What is the maximum penalty you can get for Dangerous operation of a motor vehicle causing death or GBH in QLD?
Subsection 328A(4) of the Queensland Criminal Code states the maximum penalty for dangerous driving causing death or grievous bodily harm is 14 years imprisonment. The penalty can increase up to 20 years imprisonment if aggravating factors such as intoxication, excessive speeding or street racing are involved.
What are potential defence strategies for Dangerous operation of a motor vehicle causing death or GBH in Brisbane, Gold Coast & QLD?
Possible defence strategies for dangerous driving resulting in death include:
- Demonstrating external factors caused the death or GBH
- Accused was not driving ‘dangerously’
- Accused was not the driver when the offence occurred
- Mechanical faults in the vehicle
- Medical emergency
Hooning offences
Section 69A of the Police Powers and Responsibilities Act 2000 (PPRA) groups ‘hooning’ offences into two categories, Type 1 offences and Type 2 offences.
Type 1 Offences:
- Street racing
- Burnouts
- Evading police
- Revving
- Creating loud noise
- Producing unnecessary smoke
Type 2 Offences:
- Unregistered motor vehicle use
- Driving while disqualified or unlicensed
- Driving over the alcohol limit
- Refusing to partake in breath, blood or saliva testing
- Driving modified or defective vehicles
- Excessive speeding (40km/hr over the limit)
What is the maximum penalty you can get for various hooning offences in QLD?
The penalty for ‘hooning’ depends on whether the offence committed was a Type 1 offence or a Type 2 offence.
Type 1 offences carry harsher penalties. In addition, police have powers that allow them to impound your vehicle for 90 days for a first offence and permanent vehicle impoundment (i.e. keep your car) for repeat offences.
Type 2 offences generally involve vehicle immobilisation for 7 or 90 days for repeat offences.
What are potential defence strategies for hooning charges in Brisbane, Gold Coast & QLD?
Possible defence strategies for hooning offences include:
- Accused was not the driver
- Accused was driving lawfully
- Accused did not meet the legal definition of ‘hooning’
Careless driving (driving without due care and attention)
Section 83 of the Transport Operations (Road Use Management) Act 1995 (Qld) defines careless driving as operating a vehicle without due care and attention or without reasonable consideration for other persons using the road. Careless driving can include actions such as:
- Not paying attention to the road, such as being distracted by a mobile phone
- Failing to maintain proper control of the vehicle
- Driving too fast for the conditions of the road
- Unsafe lane changes
- Excessive speeding
- Tailgating
- Failing to give way, stop or follow road signs
For the police to establish careless driving, police must prove beyond a reasonable doubt that the driver’s actions fell below the standard of care expected from a reasonable driver.
What is the maximum penalty you can get for driving without due care and attention in QLD?
Section 83 of the Transport Operations (Road Use Management) Act 1995 (Qld) states that the maximum penalty for careless driving is 6 months imprisonment or a $7,694 fine. Additionally, the court at its discretion may impose a period of license disqualification.
If careless driving results in grievous bodily harm (GBH) or death, the maximum penalty is 1 year imprisonment or a $15,388 fine.
For unlicensed drivers in such cases, the penalties increase to a maximum 2 years imprisonment or a $30,776 fine, the courts must also disqualify the person from holding or obtaining a Queensland driver licence for a period of at least 6 months.
What are potential defence strategies for driving without due care and attention in Brisbane, Gold Coast & QLD?
Possible defence strategies for careless driving include:
- Accused was driving lawfully
- Accused was not the driver when the offence occurred
- Mechanical faults in the vehicle
- Medical Emergency
- Necessity
High range drink driving
In Queensland high range drink driving is a serious offence that results in mandatory court proceedings.
High range drink driving occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.15% or higher.
Drug driving
In Queensland there are two distinct-drug related driving offences.
- Driving under the influence of drugs: The first drug driving offence occurs when a drivers ability has been impaired by a drug. Police must establish actual signs of being adversely affected, such as erratic driving or behaviour that demonstrates the driver is unable to safely control a vehicle.
- Driving with a relevant drug present in saliva: The second drug driving offence is less serious and occurs when a relevant drug is present in the driver’s blood or saliva, such as cocaine, cannabis, MDMA or methamphetamine. The police are only required to prove a relevant drug was present in your system, they do not require the driver to be under the influence of a drug.
What is the maximum penalty you can get for high range drink and drug driving in QLD?
Driving under the influence of liquor (high range) or a drug (UIL) – first offence:
- 9 Months imprisonment or;
- $4,516 fine
- Minimum 6-month licence disqualification
- Mandatory Alcohol Ignition Interlock Program (12 months) for liquor-based offences
Driving with a relevant drug present – first offence:
- 3 months imprisonment or;
- $2,258 fine
- Minimum license disqualification period of 1 – 9 months (courts discretion)
What are potential defence strategies for high level drink or drug driving in Brisbane, Gold Coast & QLD?
Possible defence strategies for high range drink and/or drug driving include:
- Challenging the accuracy of BAC / drug results due to improper testing or faulty equipment
- Police failed to conduct a breath test within 3 hours
- Accused was not ‘in charge’ of the vehicle
- Medical conditions affecting the BAC reading
- Extraordinary emergency
Speeding over 40km/hr
In Queensland, speeding offences will always result in fines, demerit points or other penalties. However, excessive speeding over 40km/hr is a serious offence that automatically results in a 6-month licence suspension from the Department of Transport and Main Roads.
What is the maximum penalty you can get for speeding over 40km/hr in QLD?
This offence is usually dealt with by way of an infringement notice which carries significant fines (touching $2000), 8 demerit points and a 6-month licence suspension. However, our traffic team at Donnelly Law Group may be able to assist you to avoid the licence suspension by applying for a Special Hardship Order.
What are potential defence strategies for a high speed offence in Brisbane, Gold Coast & QLD?
Possible defence strategies for speeding over 40km/hr include:
- Car was not travelling over 40km/hr
- Mistaken identity
- Medical emergency
- Acting under duress
Other dangerous driving offences we can help defend in QLD
We offer expert legal representation for all dangerous driving offences, including:
- Dangerous operation of a vehicle
- Careless driving
- Excessive Speeding over 40km/hr
- Driving under the influence
- Hooning offences
- Driving disqualified or without a licence
- Hit and run offences
- Dangerous driving causing death or grievous bodily harm
Why choose Donnelly Law Group to defend your dangerous driving charges in QLD?
Extensive experience handling dangerous driving offences across Brisbane, Gold Coast & Regional Queensland
At Donnelly Law Group our experienced traffic lawyers have served over 15,000 clients in the Gold Coast and Brisbane regions for criminal law matters, traffic offences and bail applications.
Local expertise
At Donnelly Law Group we understand the unique challenges and nuances of Queensland’s traffic laws. With offices in the Gold Coast and Brisbane, our team has an in-depth understanding of the local courts, magistrates and legal processes. We leverage our long-standing relationships within the legal community including police, prosecutors and barristers, ensuring you receive the best legal representation possible.
Personalised approach for all dangerous driving offences to help achieve the best outcome for our clients
We pride ourselves on being known as a law firm that provides a personalised approach. At Donnelly Law Group we take the time to understand each client, their background, and the unique details of their case. By focusing on these aspects we craft tailored defence strategies, helping you achieve the best possible outcome.
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Our legal strategy for traffic offences across Brisbane & Gold Coast (QLD)
- We take the time to understand your side of the story
- We carefully review evidence provided by police
- We develop a tailored defence strategy achieving the best possible outcome
Initial consultation
During our initial consultation, we will listen to your side of the story, understand the unique aspects of your case and review key details. This allows us to outline potential strategies for your defence.
Case assessment
We thoroughly examine and investigate all evidence provided by police. We identify any weaknesses, inconsistencies or procedural errors.
Developing a defence strategy
We craft a tailored defence strategy unique to your case, based on your story, evidence provided by police and leveraging our legal community connections. Every avenue is explored, ensuring that you receive the best legal outcome.
Court representation
Our skilled traffic lawyers will relentlessly advocate on your behalf. We ensure your case is presented effectively and professionally before the magistrate.
Dangerous driving charges FAQs.
Are dangerous driving charges a criminal offence in QLD?
Yes – dangerous driving charges are a criminal offence in Queensland and can result in imprisonment for up to 3 years.
Can I represent myself in court for a dangerous driving charge?
Yes and no. While you have the legal right to defend yourself in court, dangerous driving is a serious criminal offence that can lead to imprisonment and significant fines as well as the loss of your drivers licence. Navigating Queensland’s traffic laws can be complex and cumbersome. Having an experienced traffic lawyer ensures that your case is presented effectively, increasing your chances of a successful outcome.
What should I do if the police want to talk to me about a dangerous driving offence?
If the police pull you over, you must comply if they ask for your name and address, driver’s licence and a drug or alcohol test. It is an offence if you refuse to comply with these requests.
You have the right to remain silent. You do not have to answer any further questions from the police, make any statements, or participate in a police interview.
Immediately contact Donnelly Law Group at the first opportunity. One of our lawyers or trained support staff will discuss your options and explain how to achieve the best possible outcome.
Do I need a lawyer for a dangerous or careless driving offence?
Having defended and witnessed thousands of dangerous and careless driving matters in Queensland, it is apparent that defendants achieve the best outcome when they are represented by a lawyer who specialises in criminal traffic offences.
Our dangerous driving lawyers understand the legal defences and mitigating factors the court is looking for when deciding the outcome and sentence in your matter. We are experts at preparing your case and presenting these factors to the magistrate or judge so that you attain the best possible result.
People who do not engage the help of a specialist criminal lawyer often fail to present these mitigating factors to the court and suffer heavier penalties as a consequence.
Will my lawyer represent me in court?
Donnelly Law Group’s expert team of dangerous driving lawyers will research, strategise and prepare your case for you. We will then represent you in court and methodically argue your defence in order to attain the best possible outcome.
What legislation covers dangerous driving offences in Queensland?
In Queensland, dangerous driving is considered a criminal offence rather than a traffic offence. As such, dangerous driving appears under the Criminal Code Act 1899.
Careless driving is considered a traffic offence and therefore appears under the Transport Operations (Road Use Management) Act 1995.
Both dangerous driving and careless driving are considered hooning offences in Queensland. Under the Police Powers and Responsibilities Act 2000, the police have the power to impound or confiscate your vehicle on top of any other court-ordered penalty (see below).
What is the difference between dangerous driving, careless driving and hooning?
Dangerous driving is defined as “operating or in any way interfering with the operation of a vehicle dangerously”. In Queensland, dangerous driving is considered a criminal offence.
Careless driving is defined as “driving a motor vehicle on a road or elsewhere without due care and attention or without reasonable consideration for other persons using the road or place.” In Queensland, careless driving is considered a traffic offence.
As such, dangerous driving is performed with intent. But careless driving is performed in negligence.
Both dangerous and careless driving are considered Type 1 hooning offences. This means that the police have the power to impound or confiscate your vehicle on top of any other court-ordered penalty.
Dangerous driving and careless driving carry different penalties and disqualification periods (see below).
What are the penalties for careless and dangerous driving offences in Queensland?
| Offence | Minimum Disqualification Period | Maximum Fine | Maximum Prison Sentence |
|---|---|---|---|
| Dangerous Driving | 6 months | 200 penalty units | 3 years |
| Dangerous Driving While Affected by Alcohol or Drugs | 6 months | 400 penalty units | 5 years |
| Dangerous Driving While Speeding or Racing | 6 months | 400 penalty units | 5 years |
| Repeat Dangerous Driving | 6 months | 400 penalty units | 5 years |
| Dangerous Driving Causing Death or Grievous Bodily Harm | 6 months | 10 years | |
| Dangerous Driving Causing Death or GBH While Intoxicated, Speeding or Racing | 6 months | 14 Years | |
| Careless Driving | Determined by court | 40 penalty units | 6 months |
| Careless Driving Causing Death or GBH | 6 months | 80 penalty units | 1 year |
| Careless Driving Causing Death or GBH While Unlicensed | 6 months | 160 penalty units | 2 years |
In Queensland, the driver’s traffic history and criminal history are considered when sentencing someone for a dangerous or careless driving offence.
Drivers will be mandatorily sentenced to imprisonment if they commit a dangerous driving offence and have previously been convicted of:
- Dangerous driving while intoxicated; or
- Two dangerous driving offences.
If it is your first time being charged with dangerous or careless driving, the police have the power to impound your vehicle for 90 days. If it is your second or subsequent time being charged with dangerous or careless driving, the police can impound your vehicle until the end of the legal proceedings or take your vehicle as property of the state (forfeited).
Contact Donnelly Law Group today so that we can discuss your charges and circumstances and explain the likely outcomes.
Note that the value of a penalty unit does change occasionally in line with the government’s indexation policy. You can find the current dollar value of a penalty unit here to calculate the maximum fine for each dangerous driving offence.
How long will my licence be immediately suspended after dangerous driving?
If you are charged with dangerous driving, your licence will be immediately suspended until your charges are finalised in court.
If it is your first time being charged with dangerous or careless driving, the police have the power to impound your vehicle for 90 days.
If it is your second or subsequent time being charged with dangerous or careless driving, the police can:
- Impound your vehicle until the end of the legal proceedings; or
- Take your vehicle as property of the state and sell it at auction or crush it for scrap metal (forfeited).
You may be able to apply to the Magistrates Court for a Section 79E licence which allows you to drive after your licence has been immediately suspended. However, this is a complicated process and there are strict criteria that must be met.
Contact Donnelly Law Group today to book your free consultation with one of our specialist dangerous driving lawyers. We can assess your suitability for a Section 79E licence and help you apply.
Can I apply for a work licence if convicted of dangerous driving?
You cannot apply for a work licence or special hardship order licence if you have been convicted of dangerous driving.
However, you may be able to apply to the Magistrates Court for a Section 79E licence which allows you to drive after your licence has been immediately suspended. This is a complicated process and there are strict criteria that must be met.
Contact Donnelly Law Group today to book your free consultation with one of our specialist dangerous driving lawyers. We can assess your suitability for a Section 79E licence and help you apply.
Are there any legal defences to dangerous driving charges?
Yes, there are legal defences available in dangerous and careless driving matters in Queensland.
It may be possible for an expert criminal traffic lawyer to argue that you were driving in a manner that cannot be considered dangerous or careless.
Other defences may include necessity, mistake of fact, duress, accident and more.
Donnelly Law Group’s specialist criminal traffic lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
How much does Donnelly Law Group charge for dangerous driving matters?
A lot of people believe that they cannot afford to hire an expert dangerous driving lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane and the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay and more.)
We can hold meetings with our regional clients over the phone, via video conference or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, drink driving and domestic violence matters and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
