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Dangerous Driving Lawyers Cairns, Brisbane, Gold Coast

Dangerous driving charges in Queensland

Being charged with dangerous driving isn’t the same as being charged with most other traffic offences. Instead, Queensland’s courts treat it as a serious criminal offence.

That means dangerous driving can carry significant penalties, including imprisonment, lengthy licence disqualifications and substantial fines. So a conviction can have lasting consequences for your ability to drive, as well as for your employment, family responsibilities and future more generally.

In many cases, police bring dangerous driving charges after an incident such as a motor vehicle accident, a fine for excessive speeding, a police pursuit, street racing or other conduct that had the potential to place members of the public at risk.

However, the good news is that being charged doesn’t automatically mean you’ll be convicted or receive the maximum penalty. Obtaining legal advice early from experienced traffic lawyers can help you understand the allegations against you, protect your rights and prepare the strongest possible case before your matter comes before the court.

Call us if you're facing dangerous driving charges

At Osborne Butler Lawyers, we’re experienced in defending all types of dangerous driving charges across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.

We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.

Use the form to ask us anything. We’ll respond in 24 hours.

What is a dangerous driving charge in Queensland?

Dangerous driving offences in Queensland are generally prosecuted under section 328A of the Criminal Code 1899 (Qld), which makes it an offence to operate a motor vehicle dangerously in a public place.

Dangerous driving is commonly referred to as “dangerous operation of a motor vehicle” or “dangerous operation of a vehicle”. Although many people think of dangerous driving as simply speeding or reckless behaviour, the offence is much broader than that.

When deciding whether driving was dangerous, courts will take into account factors such as:

The speed at which your vehicle was travelling
The condition of the road
The amount of traffic present
The weather and visibility conditions
The condition of your vehicle
The actions of other road users, and
Any other circumstances that may have affected public safety.

Importantly, you don’t need to cause harm or intend to cause harm to be charged with dangerous driving. The key question is whether your driving was objectively dangerous to the public when all of the circumstances are taken into account.

What is dangerous operation of a motor vehicle?

In Queensland, dangerous driving is commonly referred to as “dangerous operation of a motor vehicle” or simply “dangerous operation of a vehicle”.

The offence is contained in section 328A of the Criminal Code 1899 (Qld), which makes it an offence to operate a vehicle dangerously in any place.

Importantly, dangerous operation isn’t limited to driving at a particular speed or in a particular way. Instead, the court considers whether the vehicle was being operated “at a speed or in a way that is dangerous to the public”.

When determining whether driving was dangerous, the court must consider all of the circumstances, including:

The nature, condition and use of the place where the driving occurred
The nature and condition of the vehicle
The number of people, vehicles or other objects present or reasonably expected to be present
Whether alcohol was involved, and
Whether drugs or other substances were present in the driver’s body.

For that reason, driving that may be relatively safe in one situation can amount to dangerous driving in another, i.e. a speed that may pose little risk on an empty rural road, may be dangerous in a busy suburban area or school zone.

What conduct can amount to dangerous driving?

There’s no exhaustive list of behaviours that amount to dangerous driving and whether particular conduct is dangerous depends on the circumstances of the case.

However, examples of conduct that frequently results in a dangerous driving conviction includes:

Excessive speeding, particularly where the driver is travelling well above the speed limit
Street racing or participating in an unlawful speed trial
Driving while affected by drugs or alcohol
Running red lights or ignoring traffic control devices
Dangerous overtaking manoeuvres
Driving aggressively or recklessly in heavy traffic
Swerving between lanes at speed
Deliberately losing traction or performing burnouts
Driving while distracted by a mobile phone or other device, or
Failing to maintain proper control of a vehicle in circumstances that create a risk to the public.

You don’t need to be involved in an accident to be convicted of dangerous driving, nor does any injury or property damage need to have occurred.

The focus is on whether the manner of your driving created a danger to members of the public having regard to all of the surrounding circumstances.

What are the penalties for dangerous driving?

Dangerous driving is a serious criminal offence in Queensland and carries penalties that are significantly more severe than those imposed for most traffic offences.

Anyone convicted of dangerous driving automatically faces a minimum licence disqualification of six months under section 328A of the Criminal Code 1899 (Qld). They also face the potential of up to three years’ imprisonment.

In addition to this, the court may also:

Disqualify your licence for a significantly longer period
Impose a fine and court costs
Record a criminal conviction
Make any other orders it considers appropriate in the circumstances.

When deciding what would be an appropriate penalty, the court will consider factors, such as:

The level of danger your driving created
The speed your vehicle was travelling
Whether your driving placed other road users at risk
Whether alcohol or drugs were present in your system
Your traffic and criminal history, and
Whether you were involved in an accident or caused any property damage.

The more serious the conduct, the more likely it is that a custodial sentence (i.e. imprisonment) will be imposed.

What are the penalties for aggravated dangerous driving?

If you’re convicted of aggravated dangerous driving, you may face up to seven years’ imprisonment under section 328A of the Criminal Code. Courts may impose lengthy periods of licence disqualification and record a criminal conviction.

Dangerous driving can become aggravated if, at the time of the offence, you were:

Affected by alcohol or drugs
Speeding excessively
Taking part in an unlawful race or speed trial, or
Knowingly operating a vehicle that had a serious mechanical defect that made it unsafe.

Queensland courts treat these circumstances particularly seriously because they substantially increase the risk to public safety.

What happens if dangerous driving causes death or grievous bodily harm?

The penalties increase dramatically where dangerous driving results in a person being seriously injured or killed. Where dangerous operation of a vehicle causes grievous bodily harm or death, the court can impose a maximum penalty of 10 years’ imprisonment.

However, the maximum penalty increases to 14 years’ imprisonment if an aggravating circumstance is present, including where the driver:

Was adversely affected by alcohol or drugs
Was excessively speeding
Was participating in an unlawful race or speed trial, or
Knew the vehicle was unsafe because of a serious mechanical defect.

Queensland courts regard these offences as among the most serious driving-related offences in the criminal justice system. So, if you’re found guilty of dangerous driving causing death or bodily harm, you may face a substantial prison sentence, as well as a lengthy period of licence disqualification and a permanent criminal record.

That said, both offences frequently lead to complex trials where determining guilt often relies on factors such as expert evidence and accident reconstruction.

For these reasons, if you’re charged with dangerous driving causing death or grievous bodily harm, you should immediately contact a lawyer for advice.

What constitutes a repeat dangerous driving offence in Queensland?

While Queensland law doesn’t create a separate offence called “repeat dangerous driving”, repeat offending is often viewed as evidence that earlier penalties have failed to modify a driver’s behaviour.

That means, if you’ve previously been convicted of dangerous driving or other serious traffic offences, Queensland courts will generally take this into account when sentencing.

In particular, the court is likely to consider:

Any previous dangerous driving convictions
Prior offences involving alcohol or drugs
Prior convictions for driving while disqualified or unlicensed, and
Your overall traffic history.

Depending on the circumstances of your offence, this may lead to a longer period of licence disqualification, a higher chance of having a conviction recorded or even a prison sentence.

If you’re a repeat offender and there are aggravating circumstances – such as excessive speed, racing, alcohol, drugs or a collision causing injury – the court is likely to impose a significantly more severe penalty.

What should you do if you’ve been charged with dangerous driving?

A dangerous driving charge is a serious criminal matter and should never be ignored. Depending on the circumstances, a conviction can result in a criminal record, lengthy licence disqualification and, in some cases, even a prison sentence.

The steps you take in the days and weeks following a charge can have a significant impact on the outcome of your case.

1. Be careful about answering police questions

Dangerous driving matters often involve complex legal and factual issues. Evidence used in the trial often includes anything that was said at the scene, during a police interview or in subsequent conversations with investigators.

This means any statement you make to police may be relied upon as evidence in later court proceedings. You should always speak with a lawyer before answering questions about the incident, providing a statement or participating in a formal interview.

2. Seek legal advice as soon as possible

Even if you’re not yet being formally interviewed by police, early legal advice can help you understand the allegations against you, assess the strength of the prosecution case and identify potential defences.

An experienced traffic lawyer can also advise you on court procedure, likely penalties and the best way to prepare your case.

3. Don’t ignore court dates or police notices

If you fail to attend court or comply with directions relating to your charge, the court may proceed in your absence. This can result in orders being made without your input, which may affect the outcome of your case.

4. Preserve any evidence

Evidence can disappear quickly following a dangerous driving allegation.

Keep any relevant copies of dashcam footage, photographs, vehicle inspection reports, medical records or other material that may assist your case. If there were witnesses present, make a record of their details as soon as you can, too.

5. Avoid discussing the allegations publicly

Statements made to third parties, on social media or in other public forums can sometimes be used as evidence.

Don’t discuss the allegations beyond what’s necessary until you’ve spoken with a lawyer.

6. Prepare your matter properly

Dangerous driving prosecutions often involve police statements, expert reports and technical evidence. Getting legal advice early can help make sure you have the right evidence and are properly prepared before your matter comes before the court.

When should you contact a traffic lawyer if you have been charged with dangerous driving?

If you’ve been charged with dangerous driving, you should obtain legal advice as soon as possible.

Unlike many traffic offences, dangerous driving is a serious criminal offence that can carry significant penalties including imprisonment, lengthy licence disqualifications and a criminal record.

Getting legal advice early in the piece can help you understand the allegations against you, assess the strength of the prosecution case and identify any issues that may affect the outcome of your matter.

This is particularly important where the allegation involves:

A motor vehicle accident
Serious injury or death
Excessive speed
Alcohol or drug use
Racing or other aggravating circumstances, or
A history of previous traffic offences.

Call Osborne Butler for clear, confidential advice

Whether you’re facing allegations of excessive speed, racing, dangerous driving causing injury or dangerous driving causing death, obtaining legal advice early can make a significant difference to the outcome of your matter.

At Osborne Butler, our Queensland traffic lawyers provide practical, straight-talking advice and strong representation from the moment you’re charged through to your court appearance and beyond. We can explain the allegations against you, assess the strength of the prosecution case, advise you of your options and work to achieve the best possible outcome in the circumstances.

Frequently asked questions about dangerous driving in Queensland

Is dangerous driving a criminal offence in Queensland?

Yes. Dangerous operation of a vehicle is a criminal offence under section 328A of the Criminal Code 1899 (Qld). Depending on the circumstances, a conviction can result in a criminal record, licence disqualification and imprisonment.

Can I be charged with dangerous driving if nobody was injured?

Yes. A dangerous driving charge doesn’t require an accident, injury or property damage. The question is whether you were operating a vehicle in a way that was dangerous to the public in all of the circumstances.

Can speeding alone amount to dangerous driving?

It can. While not every speeding offence will amount to dangerous driving, excessive speed may support a dangerous driving charge, particularly where speeding creates a significant risk to other road users.

What’s the difference between dangerous driving and careless driving?

Careless driving is generally a less serious traffic offence and the penalties tend to be less severe. Dangerous driving involves conduct that creates a significant danger to the public and it’s treated as a criminal offence.

Can I go to prison for dangerous driving?

Yes. In Queensland, people found guilty of dangerous driving frequently receive a prison sentence. That’s especially true where there are aggravating circumstances or where the offence results in death or grievous bodily harm.

Will I lose my licence if I am convicted of dangerous driving?

Yes. There is a mandatory minimum licence disqualification of six months for anyone convicted of dangerous driving in Queensland. However, this is just a minimum and the length of your disqualification will depend on the circumstances of the offence and the penalty imposed by the court.

What happens if dangerous driving causes someone's death?

Dangerous driving causing death is one of the most serious driving offences in Queensland and carries substantial penalties, including the potential of a lengthy prison sentence. The maximum penalty may increase further where aggravating circumstances are present.

Do I need a lawyer for a dangerous driving charge?

While you are not required to have a lawyer, dangerous driving is a serious criminal offence that can have significant consequences. Getting legal advice early can help you understand the allegations, assess the strength of the prosecution case and protect your interests throughout the court process.

How We Can Help You

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If you’ve been charged with dangerous driving in Queensland, contact Osborne Butler Lawyers today for clear advice and experienced legal representation.

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If you have a question or require legal advice or representation, please complete this form and we’ll respond within 24 hours. For urgent matters, please call us:

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