Dangerous Driving

Dangerous DrivingDangerous driving covers a wide range of offending from hooning style offences to driving that causes death or grievous bodily harm. The penalties range from fines to actual periods of imprisonment of up to 14 years.

There are occasions when the driving, although causing aaccident or injury is not so objectively dangerous that negotiations can result in a lesser charge or resolution of the matter. In relation to other matters it may be that material needs to be gathered to mitigate the penalties imposed.

What is the offence?

Little man holds a red Question MarkA person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour.

There are additional circumstances of aggravation that apply to these charges, including being adversely affected by an intoxicating substance or excessively speeding. Excessive speed is said to be an offence of driving or operating a vehicle at a speed more than 40km/h over the speed limit.

 

What is the penalty?

 

Dangerous Drive
 
200 penalty units or 3 years imprisonment
 
Dangerous Drive –
While adversely affected; or
While excessively speeding; or
Where previously convicted
 
400 penalty units or 5 years imprisonment.
 
Dangerous Drive causing GBH or Death
 
10 years imprisonment.
 
Dangerous Drive causing GBH or Death
While adversely affected; or
While excessively speeding; or
Where taking part in a race.
 
14 years imprisonment.
 
Dangerous Drive causing GBH or Death where offender leaves the scene.
 
14 years imprisonment.
 

 

What does the court take into account in sentencing?

JudgeThe Court looks to whether one or more of the circumstances of aggravation exist.

In addition the Court will look at the manner of driving to consider whether the driving was deliberately reckless, careless or whether it was momentary inattention or even whether the driver was doing his or her incompetent best.

 

 

Frequently asked questions.

FAQ Does the Court consider careless driving to be a serious offence?

The Court considers the offence to be a particularly serious one. It is the most serious in the range of driving offences and requires more onerous conduct that mere careless driving.

If I am convicted of Dangerous Operation of a Motor Vehicle will I loose my licence?

For Dangerous Driving with a circumstance of aggravation, the Court routinely imposes sentences of imprisonment.

The Court must as part of any sentence impose a minimum disqualification period of two (2) years.

If you have been charged with dangerous driving in Brisbane or on the Gold Coast, speak to an experienced traffic lawyer today.