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Careless driving lawyer Queensland — from tickets to the most serious charges
Most careless driving is a fine you can often pay or plead to online. But where someone was killed or seriously injured, everything changes — a mandatory 6-month disqualification, prison on the table, and no work licence. That serious end is what this page is about, and exactly what we do about it.
Written and reviewed by Steven Brough, founder · practising in Queensland courts for 25+ years · Last updated 9 July 2026
6 months
mandatory disq — death or GBH
1–2 yrs
No licence
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THE HONEST HEADING
What a careless driving charge in Queensland actually means
Careless driving is defined in section 83 of the Transport Operations (Road Use Management) Act — driving without due care and attention, or without reasonable consideration for others. Most of the time it’s a fine. But since 2018 there’s a far more serious version where someone is killed or seriously hurt. Six things are worth knowing before your
court date:
1
Careless is the lesser charge — not dangerous driving
Careless driving means falling below the standard of a reasonable, prudent driver. It’s less serious than dangerous driving, which is a Criminal Code charge. The court measures it objectively — it doesn’t matter whether you thought your driving was fine.
2
Most careless charges are minor — this page isn't about those
If no one was hurt, careless driving is usually a fine, often with no disqualification, and you can frequently plead guilty online. If that’s you, you may not need us at all — and we’ll tell you so.
3
Causing death or GBH changed everything
In 2018, after the coronial inquest into the death of Audrey Ann Dow, the government created a harsher offence for careless driving causing death or grievous bodily harm — an intermediate charge between careless and dangerous driving. That’s the charge that needs a lawyer.
4
Death or GBH means a mandatory 6-month disqualification
And there is no work licence for a careless disqualification. If your licence is vital, the whole game becomes persuading the court not to disqualify — or having the charge reduced to basic careless, where no mandatory disqualification applies.
5
Prison is genuinely possible
Careless causing death or GBH carries up to 1 year (or 2 years if you were unlicensed). In De Silva the driver received 5 months’ imprisonment, wholly suspended, plus a 12-month disqualification for careless driving causing death.
6
An accident doesn't automatically make you guilty
Penalties at a glance
Careless driving (no one hurt)
40 penalty units or 6 months
≈ 40 penalty units (currently $6,908) fine · no mandatory disqualification (court discretion) · 3 demerit points · Magistrates Court · often pleadable online.
Causing death or GBH
Up to 1–2 years prison
Careless driving is also a type 1 hooning offence — a vehicle can be impounded for 90 days. A penalty unit is currently $172.70. Whichever version you face, the first phone call is free.
Charged after a crash? An accident doesn't automatically mean you drove carelessly — and what you do next matters most.
Check in 30 seconds
How serious is the charge you're facing?
There are three levels of careless driving charge in Queensland, and they carry very different consequences. Pick the one that fits to see the maximum penalty, the minimum disqualification, and which court will hear it.
If you're disqualified, there's no work licence
Which is why, for a death or GBH charge, getting it reduced to basic careless — or persuading the court not to disqualify — is the whole game.
Which charge are you facing?
Maximum penalty
Minimum disqualification
Which court
Work licence
Maximum penalty
Minimum disqualification
Which court
Work licence
Maximum penalty
Minimum disqualification
Which court
Work licence
What we actually do
How we protect your licence and keep
you out of prison
We check exactly which charge you face
01
We get the brief from the prosecutor
02
We apply for your work licence in time
Before sentence
03
You do the smart things early
04
We tailor every word to your result
05
Your lawyer speaks for you, and you leave with a plan
You won’t have to find the words yourself. Your lawyer puts your story to the magistrate, and you leave with your licence dates and next steps in writing.
06
Fixed fee, quoted in writing upfront — no hidden charges, and the money stays in trust until you authorise it.
Steven Brough · Founder · 25+ years in Queensland courts
Steven's approach
The right charge, the right result — often no disqualification at all.
Steven founded the firm in 2010 and has spent 25+ years in Queensland courts. On careless driving, experience decides the outcome — because the gap between a careless-causing-GBH conviction with a mandatory disqualification and a reduced basic careless charge with no licence loss at all comes down to how the case is put, and how early it starts.
His method: protect your right to silence, get the brief and test whether the driving was truly careless, negotiate hard with the prosecutor to reduce or withdraw the charge, and build genuine mitigation — QTOP (we're a proud sponsor), a defensive driving course, references — then have your lawyer put your story properly, in person, to the magistrate.
We've had careless-causing-GBH charges reduced to basic careless with no disqualification, and kept convictions off the traffic histories of clients whose jobs depended on it. And before you spend a cent, we'll tell you the honest, realistic range for your case.
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Diving deeper
Want the full picture on drug driving?
Careless vs dangerous
Careless vs dangerous
Careless vs dangerous
Careless vs dangerous
The two charges, and the law
There are two separate offences.Driving with a relevant drug present (section 79(2AA)) needs only that an active drug — cannabis (THC), methylamphetamine, MDMA or cocaine — was detected in your saliva or blood; no impairment is required. Driving under the influence of a drug (DUI, section 79(1)) is the more serious impairment charge. The one you face changes everything, including whether a work licence is possible.
What decides your penalty
For a relevant-drug-present charge the minimum disqualification is 1 month; for DUI of a drug it is 6 months with no upper limit. The court weighs your charge, your traffic history, whether it is a repeat offence, and how the matter is presented. There are no demerit points — the penalty is a court-ordered disqualification and a fine, with imprisonment available for repeat or serious matters.
The work licence path
Reducing the sentence & myths
General information only, not legal advice. Every matter turns on its own facts — call 1300 952 255 for free, specific advice.
Courts we attend
A local careless driving lawyer, whichever court you're in
week. Tap your court for a page written specifically for it — parking, listing days, and what to expect on the
day.
How we operate
What happens when you contact us
No scripts. No sales pitch. No chasing or hounding. At worst, you hang up knowing more about your charge than when you called.
01
Belinda or Sara takes your call
02
A fixed quote lands in your inbox the same day
03
You decide, on your own time
04
Engaged? An experienced lawyer takes it from there
Frequently asked questions
Asked at 2am, answered here
What's the difference between careless driving and dangerous driving?
Careless driving (driving without due care and attention, under s 83 of the Transport Operations (Road Use Management) Act) is the lesser charge — driving that falls below the standard of a reasonable, prudent driver, judged objectively. Dangerous driving is the more serious criminal charge under s 328A of the Criminal Code, for driving that puts the public at risk over and above ordinary driving. Careless is heard in the Magistrates Court and, in its basic form, carries no mandatory disqualification.
Can I just plead guilty online to careless driving?
For a minor careless driving charge where no one was hurt, it’s often fine to plead guilty online. But if the magistrate is considering a disqualification — and always where the charge is careless driving causing death or grievous bodily harm — the matter is adjourned and you must attend court in person. For those serious charges, get legal advice before doing anything.
Will I lose my licence for careless driving in Queensland?
For basic careless driving there’s no mandatory disqualification — but the court has a discretion, and if another person was injured a disqualification is almost certain. For careless driving causing death or grievous bodily harm there’s a mandatory minimum 6-month disqualification, with no upper limit
Can I get a work licence if disqualified for careless driving?
No — there’s no work or hardship licence for a careless driving disqualification. That’s why, if your licence is vital, the goal is to persuade the court not to disqualify at all, or to have a careless-causing-death/GBH charge reduced to basic careless where no mandatory disqualification applies
What is careless driving causing death or grievous bodily harm?
In 2018 the government amended s 83 to create harsher penalties where careless driving causes death or grievous bodily harm — an intermediate offence between careless and dangerous driving, introduced after the coronial inquest into the death of Audrey Ann Dow. Licensed, the maximum is 80 penalty units or 1 year prison; unlicensed it doubles to 160 units or 2 years. Either way there’s a mandatory 6-month disqualification.
Will careless driving give me a criminal record?
Careless driving is a simple offence, so it won’t appear on your criminal history. It appears on your traffic history only if the magistrate records a conviction — which can affect insurance and employment, especially in the transport industry and the mines. The court has a discretion whether to record one.
Can having a lawyer help me avoid a conviction being recorded?
Yes. The magistrate has a discretion whether to record a conviction, weighing the nature of the offence, your age and character, and the impact recording one would have on you — for example on a truck or mine job where employers check your traffic history. A lawyer puts that case properly, and we’ve often kept convictions off the records of clients who’d likely have copped one on their own.
Will I get demerit points for careless driving?
Yes — Queensland Transport issues 3 demerit points for a careless driving conviction, deemed to have occurred at the date of the incident. If those points fall during a good driving behaviour period you may need to apply for a special hardship licence.
From our clients
Licence saved, conviction avoided.
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