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Dangerous driving is a criminal charge — never face it alone

Dangerous operation of a motor vehicle is one of the most serious offences on the road in Queensland. It’s a criminal offence, not just a traffic one — prison is a real possibility, there’s no work licence, and a conviction can follow you for years. Here’s the honest picture, and exactly what we do about it.

Written and reviewed by Steven Brough, founder · practising in Queensland courts for 25+ years · Last updated 7 July 2026

Criminal

offence — prison is possible

6–12 mths

minimum disqualification No licence

No licence

work or hardship, during it

Court date coming up? Talk to our team today — free.

We’ll call you back around 15 minutes in business hours — Belinda or Sara.

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The honest picture

What a dangerous driving charge in Queensland actually means

Dangerous driving is defined in section 328A of the Criminal Code — not the traffic legislation — and that changes everything about how seriously the court treats it. Six things are worth knowing before your court date:

1 It's a criminal offence, not just a traffic one

Dangerous driving is charged under the Criminal Code. A conviction can affect overseas travel, employment and insurance in a way an ordinary traffic fine never would.

2 There are four charges, and they escalate fast

Basic dangerous driving, dangerous driving while affected by an intoxicating substance, excessive speeding or unlawful racing, and — the most serious — causing death or grievous bodily harm. The one you face decides your court and your exposure.

3 Prison is a real possibility — even first time

Depending on the circumstances and the harm done, a first offence can attract actual imprisonment. Where death or grievous bodily harm is caused, a prison sentence is almost always imposed.

4 No work licence — the disqualification is absolute

Unlike drink or drug driving, there is no work or hardship licence for dangerous driving. The minimum is 6 months (1 year for death or GBH) with no upper limit — so minimising it is everything.

5 You have the right to silence — use it

Section 397 of the Police Powers Act protects your right to say nothing. In most cases you should never give a formal police interview before getting legal advice. Talking rarely helps — it often brings harsher charges.

6 The charge can often be negotiated down

A dangerous driving charge can sometimes be negotiated down to careless driving — which carries no mandatory disqualification. Getting the right lawyer in early is often what makes that possible.

Penalties at a glance — first offence

Dangerous driving (basic)

Up to 3 years prison

Misdemeanour · max 200 penalty units (≈$34,540) · min 6 months disqualification · , no upper limit · Magistrates Court · no work

Causing death or GBH / aggravated

Up to 14 years prison

District Court · min 1 year disqualification, no upper limit · prison almost always imposed · intoxicated / speeding / racing forms carry up to 5 years.

Dangerous driving is also a type 1 hooning offence — your vehicle can be impounded for 90 days. A penalty unit is currently $172.70. Whichever charge you face, the first phone call is free.

Pulled over, or charged after a crash? What you do next matters most.

Check in 30 seconds

How serious is the charge you're facing?

There are four dangerous driving charges in Queensland, and they carry very different consequences. Pick the one on your Notice to Appear to see the maximum penalty, the minimum disqualification, and which court will hear it.

There is no work licence for any of them.

Which is why getting the charge negotiated down, or the disqualification minimised, is the whole game — and why you shouldn’t face it without an experienced lawyer.

General guidance only, not legal advice. Confirm your situation with a lawyer on 1300 952 255, free.

Which charge are you facing?

Maximum penalty

3 years imprisonment

Minimum disqualification

6 months

Which court

Magistrates Court

Work licence

Not available

Basic dangerous driving is a misdemeanour — maximum 200 penalty units (about $34,540) or 3 years imprisonment. The disqualification has no upper limit, and prison is possible depending on the circumstances. Negotiating the charge down to careless driving, which carries no disqualification, is often achievable.

This is a charge you should never face without an experienced traffic lawyer — call 1300 952 255 before your court date, free.

Maximum penalty

5 years imprisonment

Minimum disqualification

6 months

Which court

Magistrates Court

Work licence

Not available

Because you were adversely affected by an intoxicating substance, this is charged as a crime — maximum 400 penalty units (about $61,920) or 5 years imprisonment. Even low-range alcohol can qualify. Being affected pushes the penalty up, so how this is argued really matters.

This is a charge you should never face without an experienced traffic lawyer — call 1300 952 255 before your court date, free.

Maximum penalty

5 years imprisonment

Minimum disqualification

6 months

Which court

Magistrates Court

Work licence

Not available

Excessive speeding (40km/h+ over) or taking part in an unlawful race makes this a crime — maximum 400 penalty units (about $61,920) or 5 years imprisonment. It’s also a type 1 hooning offence, so your vehicle can be impounded for 90 days.

This is a charge you should never face without an experienced traffic lawyer — call 1300 952 255 before your court date, free.

Maximum penalty

Up to 14 years imprisonment

Minimum disqualification

1 year

Which court

District Court

Work licence

Not available

Dangerous driving causing death or grievous bodily harm is the most serious form and is finalised in the District Court. Where an aggravating circumstance applies the maximum is 14 years. A prison sentence is almost always imposed — experienced representation is critical from day one.

This is a charge you should never face without an experienced traffic lawyer — call 1300 952 255 before your court date, free.

What we actually do

How we keep you out of prison and on the road

The shortest disqualification, no conviction recorded, the charge negotiated down, and — where prison is on the table — keeping you out of it. Everything below is aimed at that.

We protect your right to silence first

Before anything else — don’t give a police interview until you’ve spoken to us. What you say (or don’t) in the first 48 hours can decide whether you’re charged at all, and with what.

01 We get the brief and look for defences

We obtain the QP9, the forensic crash report and your traffic history — then test the case: was the driving actually dangerous, a sudden mechanical or medical failure, wrong driver, or an emergency? If there’s a defence, we find it.

02 We negotiate with the prosecutor

This is where cases are won. We push to have the charge reduced to careless driving (no mandatory disqualification), the facts made more favourable, or — where the case is weak — the charge withdrawn entirely.

Charge down

03 We build your mitigation early

A QTOP course — it runs over 4 days, and we’re a proud sponsor — a defensive driving course, character references and, where appropriate, an apology to the victim. These are exactly what the court gives credit for.

04 We tailor every word to your result

What we put to the magistrate or judge is built around you — your circumstances, whether it was momentary inattention, your remorse and rehabilitation — and aimed squarely at avoiding prison and keeping the conviction and disqualification to the minimum.

05 Your lawyer stands and speaks for you

In most cases you won’t have to say a word. Your matter is heard early, your lawyer puts your case, and you leave knowing your outcome and next steps — not guessing.

06

Fixed fee, quoted in writing upfront — no hidden charges, and the money stays in trust until you authorise it.

Steven Brough · Founder · Queensland Law Society member · 25+ years in Queensland courts

Steven's approach

On a charge this serious, experience is everything.

Steven founded the firm in 2010 and has spent 25+ years in Queensland courts. Dangerous driving is where that experience matters most — because the difference between a suspended sentence and actual prison, or between a dangerous charge and a careless one with no disqualification, comes down to who is putting your case, and how early they start.

His method: protect your right to silence, get the brief and test it hard for defences, negotiate with the prosecutor to reduce or withdraw the charge, and build genuine mitigation — QTOP (we're a proud sponsor), a defensive driving course, references, an apology — then have your lawyer put your story properly, in person, to the magistrate or judge.

We've kept clients out of prison who arrived certain they were going, and had dangerous charges dropped to careless with no licence loss at all. And before you spend a cent, we'll tell you the honest, realistic range for your case.

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5,000+ matters run

Fixed fee, quoted upfront

2 minutes — work licences and what happens at court, straight from Steven

Diving deeper

Want the full picture on dangerous driving?

Steven has written a complete guide to dangerous driving in Queensland — the four charges, the defences, the leading cases, and how sentencing really works. Here’s the short version.

Careless vs dangerous

Dangerous driving subjects the public to risk over and above ordinary driving. Careless driving is less serious and carries no mandatory disqualification — which is why negotiating down matters so much.

Momentary inattention

Not a defence — even a split-second lapse can be dangerous driving. But it’s a major factor in sentencing: in R v Gruenert, momentary inattention meant no actual prison despite a death.

Real defences

A sudden, unknown mechanical defect; a sudden medical event; an extraordinary emergency; or wrong-driver identity. Rare, but where they exist we find and run them.

Facts & myths

No demerit points — a disqualification instead. No work licence. “I didn’t mean to” isn’t a defence. And getting a lawyer doesn’t make you look guilty — it shows the court you’re taking it seriously.

The four charges and the law

Dangerous operation of a vehicle is charged under section 328A of the Criminal Code — not the traffic legislation. There are four forms: basic dangerous driving (up to 3 years); dangerous driving while adversely affected by an intoxicating substance, or at excessive speed, or in a race (up to 5 years); and — the most serious — causing death or grievous bodily harm (up to 14 years, finalised in the District Court). The test is whether the driving subjected the public to a risk over and above that ordinarily associated with driving.

What decides your sentence

The court weighs the manner of driving, the harm done, your traffic and criminal history, and your remorse and rehabilitation. There is no work or hardship licence — the minimum disqualification is 6 months (1 year for death or GBH) with no upper limit, so minimising it is everything. Prison is possible even on a first offence, and almost always imposed where death or grievous bodily harm results.

The careless-driving downgrade

The single most valuable outcome in many matters is negotiating the charge down to careless driving, which carries no mandatory disqualification. We push the prosecutor on the facts, on the charge itself, and — where the case is weak — for withdrawal. Getting an experienced lawyer in early is often what makes a downgrade possible.

Defences and leading cases

Genuine defences include a sudden, unknown mechanical defect, a sudden medical event, an extraordinary emergency, or wrong-driver identity. Momentary inattention is not a defence — but it matters greatly at sentence: in R v Gruenert momentary inattention meant no actual prison despite a death. You also have the right to silence under section 397 of the Police Powers Act — use it before giving any interview.

It goes on your criminal record

This is the consequence people underestimate: because dangerous driving sits in the Criminal Code, not the traffic legislation, a conviction is recorded on your criminal history — not your traffic history — where a police background check will find it. For the basic charge the magistrate has a discretion not to record a conviction, which is often worth fighting hard for; where death or grievous bodily harm is involved, a recorded conviction is effectively unavoidable. The impact on employment, travel and future work can outlast the disqualification by years.

Which court will hear it

Every dangerous driving charge starts in the Magistrates Court, but not all of them finish there. Basic dangerous operation is finalised in the Magistrates Court; the two most serious forms — causing grievous bodily harm, or causing death — can only be finalised in the District Court, before a judge, as indictable offences. Which court you end up in shapes the process, the timeframe and the stakes, so identifying that early matters.

How these charges usually happen

Most people aren’t arrested at the roadside. Dangerous driving charges typically follow an accident or another motorist’s complaint: police attend, take statements and photos, and then — often weeks later — decide a driver was at fault and issue a notice to appear. That gap is actually an opportunity. Getting advice before you’re charged, rather than after, is one of the most useful things you can do, and it’s why an early call is worth making.

How to reduce your penalty

There’s no work or hardship licence here, so the whole focus is on the disqualification length and keeping you out of custody — and both can move with the right preparation. Completing the Queensland Traffic Offenders Program before court (4 days, we’re a proud sponsor), genuine character references, a defensive driving course, and counselling where relevant all show real remorse and rehabilitation. Then your lawyer puts that material, and your story, to the court in person.

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 traffic lawyer, whichever court you're in

From Southport to Hervey Bay and everywhere in between, we appear in these Magistrates Courts every week. Tap your court for a page written specifically for it — parking, listing days, and what to expect on the day.

Brisbane

Milton office

North Brisbane

Brendale office

Gold Coast

Bundall office

Sunshine Coast

Maroochydore office

Ipswich

Ipswich office

Logan

Loganholme office

Toowoomba

Toowoomba office

Hervey Bay

Hervey Bay office

Belinda Smyth · Client Services Manager · 24 years experience

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

Our client services team answer every call themselves — no call centre, no scripts. Immediate answers at no cost, and your details go straight to a lawyer. Court tomorrow? Say so — we take urgent matters.

02 A fixed quote lands in your inbox the same day

With extra information relevant to your charge — so you understand your matter whether you engage us or not. If you engage us the money stays in our trust account until you authorise it.

03 You decide, on your own time

Sleep on it. Compare it. If you’d rather another firm, that’s fine — no pressure.

04 Engaged? An experienced lawyer takes it from there

You get your lawyer’s direct mobile and email. Every one of our lawyers is in court every week — you’re never handed to someone learning on your matter.

Questions at 2am?

Ask our assistant about your drink driving charge — any time.

Instant answers on the three ranges, penalties, work licences and the court process — trained on Steven’s guides. For advice on your situation, it hands you straight to a human.

Can I get a work licence?

How long will I lose my licence?

What does QTOP do?

Frequently asked questions

Asked at 2am, answered here

These are the questions clients ask us most in the first phone call. Anything else — the call is free: 1300 952 255.

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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Zachary Liddle— Google review

“I appreciated having Russell appear for me in court in regards to my DUI charge. He was very professional and made attending court a lot less stressful. Clarity Law also charged a lot less than other businesses.”

Jason Sproule — Google review

“Definitely recommended Russell and Belinda.. Russell couldn’t of helped my partner anymore best outcome 100 percent recommend and so very grateful for Russell .”

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our team

The lawyers who'll stand beside you

Every matter is run by a lawyer who appears in these courts constantly — the person you speak to is the person at the bar table.

Steven Brough

Founder & Principal

Russell

Senior lawyer

Jacob Pruden

Senior lawyer

Will

Lawyer

Sarah

Lawyer

Ryan

Lawyer

Braden

Lawyer

The sooner you call, the more we can do.

Free advice with a traffic lawyer. Honest advice, fixed quote, no pressure. 7am–7pm, 7 days.

Office locations

Eight offices. A local lawyer for your court.

Brisbane

Level 1, 16 McDougall St, Milton

07 3067 7017

Gold Coast

Level 15, 2 Corporate Court, Bundall

07 5613 2683

Sunshine Coast

Suite 8, 84 Wises Rd, Maroochydore

1300 952 255

North Brisbane

3/22-24 Strathwyn St, Brendale

07 3485 0184

Ipswich

16 East Street, Ipswich

07 3485 0147

Logan

Level 2, 3972 Pacific Hwy, Loganholme

07 3668 0683

Toowoomba

QLD / 07

16 East Street, Ipswich

1300 952 255

Hervey Bay

QLD / 08

Unit 3, 6 Liuzzi St, Hervey Bay

07 3485 0184