Traffic Law

Being charged with Dangerous Driving? It is a criminal offence. Act quick!

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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
Traffic Law

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:

  • Affected by alcohol or drugs; or
  • Excessively speeding, or taking part in unlaw race or unlawful speed trial; or
  • Previously convicted of dangerous driving
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:

  • Adversely affected by an intoxicating substance; or
  • Excessively speeding; or
  • Taking part in an unlawful race or unlawful speed trial
14 years imprisonment

*Please click here to find the current value of the penalty unit.

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Frequently Asked Questions

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.

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.

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.

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.

The answer to this question will inevitably be “Yes”. Dangerous driving is a criminal offence. It is not an offence where you should turn up to the court without a lawyer. It can result in people being sent to jail. The consequences of not having a lawyer far exceed the cost of hiring one. It is better to have a lawyer at the beginning to minimise the penalty.

Having a lawyer to deal with your case may minimise the penalty imposed by the Court. This is a benefit to you as having a criminal conviction can inadvertently affect your employment prospects or visa applications.

We often receive phone calls from people who represented themselves in court and received extremely harsh penalties and wants to appeal the decision. In most dangerous driving cases, it is not possible to appeal or will cost a lot of legal fees.

Engaging Ascent Lawyers gives you the best chance to obtain the lowest penalty. If you are currently facing a charge, please do not hesitate to seek legal advice from our experienced traffic lawyers.

Engaging traffic lawyers at Ascent Lawyers gives you the opportunity to obtain the lowest penalty. Some of the benefits include:

  • We can help you throughout the whole process
  • In most cases you will not have to say anything in court
  • The court will understand that you are taking your charges seriously by engaging Ascent Lawyers
  • We know what to say to give you the best outcome
  • Your matter will be heard early and before the self-represented offenders
  • You will be fully informed of what happened in court
  • We will explain the penalties to you in details

At Ascent Lawyers, we appear frequently in courts with people charged with dangerous driving. It is the experience that allows us to get the absolute best result for you.

compensation Law

Dangerous Driving is a criminal offence.
Do not risk your future.

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