Being charged with Dangerous Driving?
It is a criminal offence. Act quick!
What is Dangerous Driving?
Dangerous driving is one of the most serious traffic offences in Queensland. It is a criminal offence. If convicted, it can have serious consequences.
It means to operate, or interfere with the operation of, a vehicle at a speed or in a way that is dangerous to the public. The court would also consider the following circumstances:
the nature, condition and use of the place
the nature and condition of the vehicle
the number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place
the concentration of alcohol in the operator’s blood or breath
the presence of any other substance in the operator’s body
What are the penalties for Dangerous Driving?
Depending on the circumstances, the penalties for dangerous driving vary.
| Offence | Maximum Penalties |
|---|---|
| Dangerous driving | 200 Penalty Units or 3 years imprisonment |
Dangerous driving and:
| 400 Penalty Units or 5 years imprisonment |
| Dangerous driving, causing grievous bodily harm (GBH) or death | 10 years imprisonment |
Dangerous driving, causing GBH or death and:
| 14 years imprisonment |
*Please click here to find the current value of the penalty unit.
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Frequently Asked Questions
Will my driver’s licence be disqualified?
Generally, dangerous driving will attract a minimum of a 6-month period of licence disqualification. The Court will take into account several factors when deciding the length of your licence disqualification.
Please note that you are not eligible to apply for a work licence or special hardship licence which allows you to drive during the term of your licence disqualification. As such, it is important that you are represented by an experienced traffic lawyer to minimise the licence disqualification period.
Do I have any defence for the dangerous driving charge?
If you are charged with dangerous driving, the following defences may be applicable to you:
- Emergency
- Identification – e.g. you were not the driver and was wrongly identified
- Duress – e.g. being influenced to drive dangerously as a result of threat, violence, or pressure from another individual
- Unsatisfactory or dangerous road conditions
It is insufficient to claim that you did not intend to drive dangerously as a defence. This is because intent is not a required element to dangerous driving.
Will I face prison time for dangerous driving?
There is a possibility that you can be sent to jail even though this is your first time being charged with dangerous driving. However, this will depend on the seriousness of harm and injuries you have caused the other person and the circumstances of the offence. If you are convicted with dangerous driving causing grievous bodily harm or death, there is a high possibility that you may face prison time.
The length of imprisonment may increase if you were affected by drugs or alcohol at the time of the offence.
Will I get a criminal record for dangerous driving?
Dangerous driving is classified as a criminal offence and the Court has the power to decide whether or not to record the offence as a conviction.
If a conviction is recorded, it may impact your future visa applications and employment prospects. However, a well prepared submission may convince the court not to record the conviction.
Why should I engage Ascent Lawyers?
We firmly believe your driving privileges must be protected.
We sort through the complexity, penalties, and circumstances to give you the best possible option.
We explain everything to you, so you know what will happen from beginning to end, giving you peace of mind.
We make sure your case is heard in court as soon as possible, wasting less of your valuable time.
We give you constant updates, so you can stay informed throughout the entire process.
You can take advantage of our free initial consultation, tell us your story today!
We will contact you as soon as possible, your interests are our top priority.
Dangerous Driving is a criminal offence.
Do not risk your future.
Why Ascent Lawyers?
We are committed to helping you with your traffic and criminal issues.
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