Careless driving – Driving Law

Careless Driving Causing Death or Grievous Bodily Harm

Steven Brough — Sun, 19 Jul 2026 12:17:00 +0000

Background

Section 83 of the Transport Operations (Road Use Management) Act 1995, creates the offence of driving without due care and attention or without reasonable consideration of other persons using the road or place. This is commonly referred to as “careless driving”.

In 2018, the Queensland Government amended section 83 to create additional, harsher punishments for careless driving causing death or grievous bodily harm. This amendment was made in response to recommendations made by the State Coroner in the Inquest into the Death of Audrey Ann Dow.

Ms Dow was an 81-year-old woman who died from injuries she suffered after a head-on collision with another car. The other car drifted into Ms Dow’s lane, causing the accident. The driver of the other car had been previously disqualified from driving by the courts and, therefore, should not have been driving at the time of the accident.

The other driver was charged with careless driving. He was fined $4,000 and further disqualified from driving. Shockingly, he was caught driving again just seven weeks after being convicted.

The Coroner found that Queensland’s traffic legislation lacked an “intermediate” offence between careless driving and dangerous driving. The 2018 amendments were designed to address this deficiency.

What is Careless Driving?

To state it briefly, careless driving is any driving that falls below the standard expected of road users. Careless driving can be either deliberate or (as is more often the case) due to momentary inattention or due to distraction. In other words, it does not matter why your driving was substandard, it only matters that it happened. Whether your driving is considered careless depends on all the surrounding circumstances considered objectively. Again, it does not matter whether or not you thought your driving was not carelessYou can also be guilty of this offence even if no accident resulted from your manner of driving. Examples of careless driving include:

A tow-truck driver who was driving while fatigued, fell asleep at the wheel, drifted across the road, woke up, tried to correct the truck back onto the road, hit a guard rail which caused the truck to spin 180 degrees, hit the guard rail on the other side of the road, fell off the road, and landed on the truck’s roof;
A bus driver causing injuries to someone who became pinned between their parked car and the bus while it was pulling into a bus-parking space at Brisbane Airport;
A driver mounting a curb, then a footpath while daydreaming, then colliding with a person riding a bicycle;
A driver turning left into a side street, then performing a U-turn, then turning left again in order to avoid a red traffic light;
A driver who turned left and drove into a group of pedestrians who were crossing the road at the same time. For some reason, the driver thought that the pedestrians would wait on the traffic island until his car cleared the intersection.

Thus, causing avoidable accidents will constitute careless driving, regardless of how the accident occurred. A possible defence to this charge is to prove that the accident was caused by something out of the driver’s control (such as unforeseen mechanical failure, etc).

It is also important to note that the standard expected of competent drivers include being alert to unexpected things occurring (such as other cars speeding, people or animals suddenly walking onto the road, etc). You could be charged with careless driving if you fail to account for the unexpected behaviour of others.

What is Grievous Bodily Harm

The phrase “grievous bodily harm” is defined in Queensland criminal legislation as:

the loss of a distinct part of an organ or body; or
serious disfigurement; or
any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury or death;

An application form (Form F3181) filed with the court and served on the police prosecution unit before your court date.

whether or not treatment is or could have been available.

In simple terms, grievous bodily harm is the infliction of permanent, serious injury on a person. The seriousness of the injury or injuries must be assessed at the time of the accident. Grievous bodily harm can include psychiatric injury; that is, a clinical condition (instead of “mere” fear or distress, etc).

As a matter of law, grievous bodily harm is the most serious form of harm you can do to a person, short of causing death.

Maximum Penalties

There are three, different, maximum penalties for careless driving depending on the circumstances of in which the careless driving occurs.

Firstly, if you are unlicenced, drive carelessly, and cause grievous bodily harm or death to someone else, the maximum penalty is either a fine of 160 penalty units (currently $27,632) or imprisonment for two years. You are also disqualified from driving for six months from the date of conviction.

Secondly, if your licence is valid, drive carelessly, and cause death or grievous bodily harm to someone else, the maximum penalty is either a fine of 80 penalty units (currently $13,816) or imprisonment for 1 year. You are also disqualified from driving for six months from the date of conviction.

Thirdly, if your licence is valid, drive carelessly, but do not cause death or grievous bodily harm to anyone else, the maximum penalty is either a fine of 40 penalty units (currently $6,908) or imprisonment for 1 year. There is no mandatory disqualification from driving. However, the court has a general discretion to disqualify you from driving if you commit any offence which involves the use of a motor vehicle.

Careless driving offences are dealt with in the Magistrates Court.

Given that these offences are so new, there is not (as at the date of writing) a body of comparative case law that guides the courts as to what punishments to impose on offenders in the particular circumstances of their case. Thus, it is currently difficult to predict with any degree of certainty how the courts are likely to deal with your matter.

As a general guide, however, we expect that, if the following circumstances are present in your case, then the court will consider it a serious instance of careless driving:

Another person was killed or suffered serious, permanent injuries; Deliberately careless driving; Being disqualified from driving or unlicenced at the time of the accident; and The traffic conditions at the time of the incident which could have made the accident worse (such as peak-hour traffic, twilight or night-time driving, wet conditions, etc).

In these situations, we would expect that the court will impose hasher penalties than if all or any of those factors were not present. Of course, the court must also consider the general factors that are considered in any sentencing, such as your personal circumstances, traffic history (or lack of), co-operation with authorities, etc.

Conclusion

Careless driving is a serious traffic offence. The penalties for this offence can include imprisonment and loss of licence. The increased severity of these punishments reflects the changing attitudes that Queenslanders (and the Queensland Government) have towards traffic offences, especially traffic offences which cause death or grievous bodily harm to others.

Should you find yourself being charged with this offence, it is important to get legal advice and legal representation as soon as possible. You do not want to face the prospect of a possible prison sentence without legal assistance.

Should I get a drink driving lawyer to represent me for a second drink driving offence?

Some people of course decide just to go to court and throw themselves on the mercy of the court and hope everything turns out fine. The difficulty with this is the court can be harsh, this is a very serious charge and will be treated like that by the courts and the victim. Unless you know what to say and what not to say to the magistrate then you won’t get the best outcome.

Traffic Lawyers aren’t that expensive and you get to have an expert on your side taking care of everything at court and looking out for your rights and best interests.

You can see our fixed prices by clicking here

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
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For advice about your own situation, speak with our careless driving lawyers — call 1300 952 255, 7am–7pm, 7 days.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our careless driving page.

Dangerous Driving Defences in Queensland

Steven Brough — Fri, 18 Nov 2022 09:56:00 +0000

Dangerous driving is one of the most serious traffic related charged that can come before a court. Unlike drink driving or unlicensed driving which are considered traffic offences dangerous driving is considered a criminal offence and carries serious penalties if found guilty especially if the charge is dangerous driving causing injury or death.

We have an Essential Guide to Dangerous Driving that explains all about dangerous driving and the penalties that can be imposed.

This blog post is about possible defences to dangerous driving in Queensland.

What is Dangerous Operation of a Vehicle?

The legislation provides the formal definition of dangerous driving as

“operates, or in any way interferes with the operation of, a vehicle dangerously” means … at a speed or in a way that is dangerous to the public, having regard to all the circumstances, including –

the nature, condition and use of the place; and
the nature and condition of the vehicle; and
the number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place; and
the concentration of alcohol in the operator’s blood or breath; and
the presence of any other substance in the operator’s body.

The “public” will include any passengers that are in the car at the time of the alleged dangerous driving as well as any member of the public in the vicinity of the alleged dangerous driving.

Furthermore, this definition does not require any proof of “intent” or “deliberateness” on the part of the driver. This is because the standard by which your driving is judged as dangerous is an objective one it is a subjective one. It does not matter whether you thought your driving was dangerous or not it is unto the court as to whether the driving was dangerous to the public in all the circumstances.

However, your intentions and the deliberateness (or otherwise) of your actions may be relevant to deciding whether your driving was dangerous in all the circumstances. These factors are also relevant in determining the appropriate sentence if you plead guilty or found guilty after a trial.

What court will here a dangerous driving charge?

All dangerous driving charges start in a Magistrates Court via a notice to appear in court.

It then depends on any aggravating factors that are alleged. For a normal or “simple” dangerous driving charge the Magistrates Court will hear the charge.

If there is an allegation that the dangerous driving result in grievous bodily harm or death of another person or other major aggravations the District Court must ultimately determine the matter.

Possible Defences to a dangerous driving charge

Below is a partial list of possible defences to a dangerous driving charge.

The Driving wasn’t dangerous

The most obvious defence to this charge is to prove that your driving was not, in fact, dangerous.

This is entirely a matter for the magistrate or jury to decide and they must do so on an objective basis.

The expression “operates a vehicle dangerously” in general does not require any given state of mind on the part of the driver as an essential element of the offence. A motorist may believe he or she is driving carefully yet be guilty of operating a vehicle dangerously. A driver could be asleep and charged with dangerous driving.

“Dangerously” is to be given its ordinary meaning of something that presents a real risk of injury or damage. The ordinary meaning of dangerous includes

fraught with or causing danger
involving risk
perilous
hazardous
unsafe

It describes, when applied to driving, a manner or speed of driving which gives rise to risk to others, including motorists, cyclists, pedestrians and the driver’s own passengers.

There is however a danger to running a defence that the driving was not dangerous.

Firstly, the magistrate or jury may not agree with you and decide that your driving was objectively dangerous,

Secondly, while the prosecution may allege that a certain portion of your driving was dangerous, the magistrate or jury may decide that a different part of your driving constitutes the dangerous operation of a vehicle (if there is enough supporting evidence).

An alternative to running a full defence at trial might be to try and negotiate the charge with the prosecutor and try and demonstrate that your driving was not dangerous but was in fact careless. Careless driving is a much less serious charge. This is known as case conferencing.

Defect in the vehicle

The key phrase to this defence is “sudden and previously unknown”. You will need to demonstrate that your vehicle was properly maintained and that the defect was not known to you in spite of your reasonable prudence.

You will also need to demonstrate that the defect occurred before you had a chance to take action. For example, you will not be able to raise this defence if your car’s steering becomes damaged but you decide to try to drive the car home before you lose total control or that you had been warned by a mechanic of possible mechanical issues and didn’t fix the fault and kept driving.

Sudden medical condition

You may be able to raise a defence if you prove that you experienced a sudden medical condition which caused you to lose conscious control of your body. For example, if you suddenly fall asleep, you cannot be responsible for what happens after you fall asleep, as you are no longer in conscious control of the vehicle. Like the defence of sudden mechanical failure, you must demonstrate that your medical condition was previously unknown to you and came on before you had a chance to take action. For example, you will not be able to raise this defence if you drove knowing that you were severely fatigued.

Extraordinary emergency

Lastly, you may be able to raise the defences of “extraordinary emergency” or acting to save yourself. In short, you must demonstrate that you (or someone else) were in a life-threatening situation that could only be avoided by you operating your vehicle in a way that would otherwise constitute dangerous operation of a vehicle. You must also demonstrate that there was no other reasonable course of action available to you other than to operate your vehicle dangerously. Suffice to say that the circumstances in which these defences arise are exceptionally rare.

Not the driver

Obviously if a person claims they were not the driver then this is defence. This defence often occurs when the drivers was not detained at the time of the offence (for example the vehicle left the scene of the accident) but only arrested later on. Whether this defence will be successful will depend on the evidence the police might have, for example do they have CCTV footage, do they have a witness, do they have DNA etc

If this defence is to be raised if might be better to first try and negotiate with the prosecutor to withdraw the charge.

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Email steven@claritylaw.com.au
Click here to select a time for us to call you back
Click here for more information on Dangerous Driving

We have also written an excellent article called the Essential Guide to Dangerous Driving that can provide much more information.

Essential Guide to Dangerous Driving in Queensland

Steven Brough — Sun, 14 Nov 2021 11:11:00 +0000

Introduction

The offence of dangerous operation of a vehicle (“Dangerous Driving“) is one of the most serious traffic-related offences in Queensland law. The offence itself is not found in the traffic legislation but is a criminal offence, created by the Criminal Code 1899 (Qld). As such, convictions for this offence are recorded on criminal histories, not on traffic histories.

Furthermore, the sentences for this offence can be severe, depending on the circumstances. Maximum penalties range from 3 years imprisonment up to 14 years imprisonment.

The purpose of this guide is to provide you with an overview of the offence (including what the prosecution must prove in order to establish the charge) and discuss some defences which may be available to you should you find yourself being charged with this offence.

Who Can be Charged with this Offence?

Section 328A of the Criminal Code 1899 (Qld) states:

A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour.

Maximum penalty – 200 penalty units (currently $34,540) or 3 years imprisonment. This maximum rises to 400 penalty units (currently $69,080) only where the offender has a prior conviction for the same offence or was driving under the influence.

To be found guilty of this offence, you must have done all of the following:

operated (or interfered with the operation of) a vehicle;

in such a way that was dangerous; and

done so at any place.

The last requirement that it occur “at any place” means that you may be guilty of this offence, even if you are not driving on a public road at the time. Thus, you may commit this offence, even if you are driving on private property, or off-roading. The only exception to this broad meaning of “place” is anywhere that is licenced or authorised to race vehicles or conduct speed trials (eg, speedways and similar locations). These facilities are specifically excluded by the legislation.

Also worth noting is that this offence is that it may be committed if you either “operate” a vehicle dangerously or “interfere with the operation of” said vehicle. The word “operate” refers to the driver of the vehicle. However, the latter phrase casts a much broader net and does not require you to be the driver of the vehicle to be guilty of this offence. For example, a passenger who pulls on the vehicle’s handbrake or knocks it out of gear while the vehicle is moving could be found guilty of dangerously “interfering with the operation of” that vehicle.

What is “Dangerous” Operation of a Vehicle?

The legislation provides some guidelines to determining when a vehicle is operated (or interfered with) dangerously as follows:

the nature, condition and use of the place; and
the nature and condition of the vehicle; and
the number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place; and
the concentration of alcohol in the operator’s blood or breath; and
the presence of any other substance in the operator’s body.

The “public” include any passengers that are in the car at the time of the alleged dangerous driving.

Furthermore, this definition does not require any proof of “intent” or “deliberateness” on the part of the driver. This is because the standard by which your driving is judged as dangerous is an objective one. It is immaterial whether you thought your driving was dangerous or not. In other words, it is for a magistrate or jury to decide whether was dangerous to the public in all the circumstances. It does not matter whether you were deliberately reckless, careless, momentarily inattentive, or doing your “incompetent best”.

Aggravating Features and Maximum Penalties

In addition to the foregoing, the legislation also prescribes certain circumstances that, if proved, make the charge more serious and, therefore, the sentence more severe. There are two groups of these “aggravating” features.

Firstly, if it is proved that you were:

adversely affected by an intoxicating substance (ie, alcohol and / or drugs); or
excessively speeding (ie, driving at more than 40 km/h over the speed limit), or partaking in an unlawful race or speed trial; or
previously convicted of dangerous operation of a vehicle.

The maximum sentence increases from 3 years imprisonment to 5 years imprisonment.

Secondly, if it is proved that you caused the death of, or grievous bodily harm to, someone else, the maximum sentence increases to 10 years imprisonment. If you cause death or grievous bodily harm and were intoxicated or excessively speeding, partaking in a race, etc at the time, the maximum sentence increases to 14 years imprisonment.

You will also be liable to a maximum penalty of 14 years imprisonment if you leave the scene of an accident knowing (or ought to have known) that someone has been killed or injured. The only exception is if you leave the scene to seek help for the person injured (whether medical help or otherwise).

While the maximum sentences have been set out above, the courts still have the discretion to impose sentences less than imprisonment, such as probation, community service, fines, etc. The only exceptions are if you are convicted for a second time of dangerous operation of a vehicle whilst intoxicated or if you have at least 2 previous convictions for drink-driving offences, or at least 2 previous offences for dangerous operation of a vehicle (without the aggravation of being intoxicated). In these circumstances, the legislation mandates imprisonment. However, it is still up to the court to decide whether a sentence of imprisonment requires you to serve actual time, or whether the sentence is wholly suspended, etc.

Possible Defences

The most obvious defence to this charge is to prove that your driving was not, in fact, dangerous as alleged by the prosecution. As already stated, this is entirely a matter for the magistrate or jury to decide and they must do so on an objective basis. The dangers of this defence are threefold. Firstly, the magistrate or jury may not agree with you and decide that your driving was objectively dangerous. Secondly, while the prosecution may allege that a certain portion of your driving was dangerous, the magistrate or jury may decide that a different part of your driving constitutes the dangerous operation of a vehicle (if there is enough supporting evidence). Thirdly, even if you demonstrate that your driving was not dangerous, you still risk being convicted of driving without due care and attention, pursuant to the traffic legislation.

Another possible defence will arise if you prove that the vehicle suffering from a sudden and previously unknown defect which deprived you of control of the vehicle. In this case, you will be seeking to demonstrate that the dangerous driving was caused by the mechanical defect, and thus, was beyond your conscious control. The key phrase to this defence is “sudden and previously unknown”. You will need to demonstrate that your vehicle was properly maintained and that the defect was not known to you in spite of your reasonable prudence. You will also need to demonstrate that the defect occurred before you had a chance to take action. For example, you will not be able to raise this defence if your car’s steering becomes damaged but you decide to try to drive the car home before you lose total control.

Relatedly, you may be able to raise a defence if you prove that you experienced a sudden medical condition which caused you to lose conscious control of your body. For example, if you suddenly fall asleep, you cannot be responsible for what happens after you fall asleep, as you are no longer in conscious control of the vehicle. Like the defence of sudden mechanical failure, you must demonstrate that your medical condition was previously unknown to you and came on before you had a chance to take action. For example, you will not be able to raise this defence if you drove knowing that you were severely fatigued.

Lastly, you may be able to raise the defences of “extraordinary emergency” or acting to save yourself. In short, you must demonstrate that you (or someone else) was in a life-threatening situation that could only be avoided by you operating your vehicle in a way that would otherwise constitute dangerous operation of a vehicle. You must also demonstrate that there was no other reasonable course of action available to you other than to operate your vehicle dangerously. Suffice to say that the circumstances in which these defences arise are exceptionally rare.

Conclusion

The broad, and objective, scope of this offence makes it impossible to outline all the circumstances in which you might find yourself charged with dangerous operation of a vehicle. Further complexity arises because of the various aggravating circumstances that, if present, put you at risk of significantly more harsher punishments.

Lastly, defences to this charge arise in very limited circumstances and must be proved with the proper evidence. Because of this complexity, it is important to get expert legal advice, should you find yourself charged with this offence.

Careless Driving vs Dangerous Driving in Queensland

Steven Brough — Tue, 06 Sep 2016 12:29:00 +0000

Driving laws in Queensland are designed to keep everyone on the road safe. However, not all driving offences are created equal. Knowing the difference between careless driving and dangerous driving can help you understand the potential consequences you might face and how to respond if you are charged.

Careless Driving in Queensland

Definition and Legal Implications

Careless driving, also known as driving without due care and attention, is considered a traffic offence. It occurs when a driver fails to exercise the necessary care or attention while operating a vehicle. Though it’s not a criminal offence, it can still result in significant penalties, including fines and even a jail sentence under certain circumstances such as when death or grievous bodily harm occurs. The law in regards to careless driving can be found in section 83 of the Transport Operations (Road Use Management) Act 1995 (Qld).

Common Examples and Scenarios

Skidding on a wet road and hitting a gutter or tree.

Colliding with another vehicle because of being distracted by the radio.

Accidents involving pedestrians or other road users due to inattentiveness.

What to Do if Charged

If you’re charged with careless driving, it’s essential to seek legal advice immediately. You may be able to avoid disqualification from driving, although a mandatory loss of 3 demerit points applies if you plead guilty or are found guilty. If this breaches your good driving behaviour period, you might be eligible for a special hardship licence. For more information, you can visit our hardship licences page.

Dangerous Driving in Queensland

Definition and Legal Implications

Dangerous driving is a more severe offence and is classified as a criminal charge. It occurs when a driver operates a vehicle in a manner that is considered dangerous to the public. Unlike careless driving, the penalties for dangerous driving are much harsher and can include significant fines, lengthy licence disqualifications, and imprisonment. The law can be found in Section 328A of the Criminal Code (Qld).

Examples and Scenarios

Failing to see a motorcycle before entering an intersection and unfortunately striking and killing the motorcyclist
Being temporarily distracted causing the car to run off the road into the other lane of traffic causing grievous bodily harm to passengers in another vehicle
Falling asleep at the wheel resulting in a collision with a power pole and serious injuries to the passenger in the car
Exiting the road after missing a turn, then turning too sharply in the dirt causing the vehicle to roll
Driving at excessive speed
Driving through a roundabout at excessive speed and cutting off other motorists
Striking and killing a cyclist after traveling too close to the vehicle in front

Distinction Between Dangerous and Careless Driving

The key difference lies in the intent and the level of risk posed. Dangerous driving involves a higher degree of recklessness and poses a greater risk to public safety and thus has a much harsher penalty.

Dangerous driving is generally reserved where the actions of the driver could be considered dangerous rather than merely careless or without due care and attention. In deciding whether the driving was dangerous the court looks at the speed the vehicle was driven and whether the driving was dangerous to the public having regard to all the circumstances including:

the nature, condition and use of where the accident occurred
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 are
If drugs or alcohol are in the drivers system

The expression ‘operates a vehicle dangerously’ generally does not require any specific state of mind from the driver as an essential element of the offense. A motorist might believe they are driving carefully yet still be guilty of dangerous driving. ‘Dangerously’ should be understood in its ordinary sense as something presenting a real risk of injury or damage. The ordinary meaning of ‘dangerous’ refers to a manner or speed of driving that poses a risk to others.

For driving to be considered dangerous, there must be an element that goes beyond mere carelessness and subjects the public to a risk greater than what is normally associated with driving, even by someone occasionally driving without due care and attention. Momentary lapses in attention that result in danger to the public are not however excluded from the offense of dangerous driving simply because they are brief.

The consequences of the defendant’s actions or inactions cannot increase the criminality of their driving. The dangerous nature of the driving does not depend on the resultant damage.

Why Does it Matter if the Driving was Dangerous or Careless ?

It matters in two important ways;

The penalty for dangerous driving in Queensland is so much harsher than careless driving
Dangerous driving is a criminal offence

If the driving was in fact careless but the driver was charged with dangerous driving then this gives grounds to try and negotiate with the prosecutor to reduce the charge.

We have a whole article on negotiating with the prosecutor for traffic matters however in general negotiations with a prosecutor would fall into the following categories;

Negotiations regarding the facts of what occurred
Negotiations regarding a lower charge to careless driving (if charged with dangerous driving)
Negotiations regarding withdrawing the charge entirely

Summary of Fey Facts

Key Differences Between Careless and Dangerous Driving

Severity of the Offence: Careless driving is less severe and is typically treated as a traffic violation, while dangerous driving is a criminal charge.

Penalties: Dangerous driving carries more severe penalties, including higher fines, longer licence suspensions, and potential imprisonment.

Intent: Careless driving often results from a lapse in attention, whereas dangerous driving involves a higher degree of recklessness.

Conclusion

Understanding the difference between careless and dangerous driving is crucial for all drivers in Queensland. Both offences carry significant penalties, but dangerous driving is far more severe. If you find yourself charged with either offence, seeking legal advice is essential.

How do I get more help or engage you to act for me?

We have been operating since 2010 and undertaken hundreds of dangerous driving charges throughout South East Queensland.

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
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We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about dangerous or careless driving. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a dangerous driving or careless driving charge will have an impact on you, your family and your employment or business.