Dangerous driving – Driving Law

Dangerous Driving Causing Death or GBH

Steven Brough — Mon, 17 Aug 2026 07:42:05 +0000

The charge of dangerous driving causing death or grievous bodily harm (“GBH”) is a serious offence in Queensland, carrying a maximum penalty of 14 years imprisonment. Tragically often the tiniest mistake by a driver can lead to a person suffering death or grievous bodily harm and the driver who often has never broken the law before forced to navigate the court system.

If you or someone you know has been charged with this offence, it is crucial to understand the legal implications and seek legal representation immediately.

The purpose of this article is to give some information to a person faced with a charge of dangerous driving causing death or grievous bodily harm.

What constitutes dangerous driving causing death or GBH?

Dangerous driving causing death occurs when a person operates a vehicle in a manner that creates a risk of serious harm or death to others, and this driving directly results in the death or GBH of another person. This can include actions such as:

Excessive speeding
Driving under the influence of alcohol or drugs
Fatigued driving
Distracted driving
Ignoring traffic signals and road rules
Street racing

“Grievous bodily harm” includes serious injuries or disfigurement resulting from an accident. It includes the loss of a distinct part or organ of the 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 to health

It is immaterial whether or not medical treatment is or could have been available to the injured person.

Aggravating factors

Certain factors can increase the seriousness of the charge and the potential penalty, including:

Being under the influence of alcohol or drugs at the time of the offence
Exceeding the speed limit by a significant margin
Engaging in reckless driving behaviour such as weaving in and out of traffic or ignoring road closures
Having a prior history of dangerous driving offences

The arrest process and the right to silence

Most often, individuals are arrested for dangerous driving after an accident or a complaint from another motorist. It is crucial to note that one has the right to remain silent and is not obliged to answer police questions.

The legal process

If you are charged with dangerous driving causing death, you will be required to appear in court.

Section 328A of the Criminal Code sets out the penalty.

The prosecutor must prove beyond a reasonable doubt that;

you were driving a motor vehicle, or you interfered with someone who was; and
your driving, or interference, was dangerous; and
as a result of your driving or interference, another person was killed or suffered grievous bodily harm.

The term “operates a motor vehicle dangerously” involves operating a vehicle at a speed or in a manner dangerous to the public, considering various factors such as the;

the nature, condition and use of the place; and
the vehicle’s condition; and
The number of people or vehicles that might be expected in the place; and
the presence of alcohol or other substances in the driver’s body, among others.

“Dangerously” is to be given its ordinary meaning of something that presents a real risk of injury or damage. The ordinary meaning of ‘dangerous’ when applied to driving, a manner or speed of driving which gives rise to a risk to others, including motorists, cyclists, pedestrians and the driver’s own passengers.

It is not necessary for the prosecution to prove that the dangerous operation of the motor vehicle was the sole cause of the deceased’s death or complainant’s grievous bodily harm. It is sufficient for it to show that the dangerous driving was a substantial or significant cause of that result.

Who prosecutes the charges?

The Office of the Director of Public Prosecutions will prosecute the matter but will rely on the Queensland Police Service to investigate the matter and obtain the evidence.

Penalties for dangerous driving causing death or GBH

The potential penalties for dangerous driving causing death can be severe, including:

Imprisonment
Disqualification from driving for a significant period
Large fines
Community service orders

Factors considered in determining penalties

Courts consider factors such as the maximum penalty, the nature and seriousness of harm, the offender’s history, age, character, and rehabilitation efforts.

Defences

There are a few potential defences to the charge of dangerous driving causing death, such as:

the absence of dangerous driving
necessity due to an emergency
being wrongly identified as the driver
defects in the vehicle
sudden medical conditions
extraordinary emergencies.

It is important to understand that 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 lawyer would be required to properly advise as to what defences might be available. If you plead not guilty to the charge of dangerous operation of a motor vehicle driving causing death or grievous bodily harm because you have a defence then the matter will go to a trial before a jury.

Check out our dedicated page of Dangerous Driving Defences in Queensland.

Importance of legal representation

Navigating the legal system after being charged with dangerous driving causing death or GBH can be complex and overwhelming. It is crucial to seek legal representation from a qualified criminal lawyer who has experience with this type of offence.

A lawyer can:

Advise you of your rights and legal options
Obtain and review evidence
Prepare your defence or guilty plea
Represent you in court
Negotiate with the prosecution on your behalf
Ensure you receive the best possible outcome

Never speak to police about any allegation of driving dangerous until you have first spoken to a lawyer. You have the right to silence when it comes to criminal charges.

Possibility of prison sentence

It all depends on what happened, whether alcohol or drugs were involved and the extent of the injuries to the victim. In most cases you can expect a prison sentence if you plead guilty or are found guilty after a trial for a charge of dangerous driving causing death or grievous bodily harm.

Can the charge be withdrawn?

Depending on the circumstances it may be possible to negotiate the charge with the prosecutor. This is called case conferencing. For example it might be possible to try and convince the prosecutor that the offending was only careless and not dangerous and that the charge should be withdrawn or perhaps reduced to careless driving.

Read more about careless driving causing death or GBH.

What court hears the matter?

The charge will start in the Magistrates court closest to where the accident occurred but will eventually need to be transferred to the District court to be finalised.

How long will the charge take to resolve?

It all depends on whether you are pleading guilty or not guilty. Typically for a guilty plea in the Brisbane Court it might take 9-12 months from the arrest to when it is finalised in the Brisbane District Court.

How long will the licence disqualification be for?

The disqualification period must be at least 6 months but depending on the circumstance of the charge and the traffic history perhaps much longer. It is not possible to obtain a work licence or hardship licence to allow you to drive during the disqualification.

What type of accidents can result in a dangerous driving charge?

A charge for dangerous driving often results from split second errors in judgement. We have in the past acted for people who have been charged with dangerous driving for;

Failing to see a motorcycle before entering an intersection
Being temporarily distracted causing the car to run off the road into the other lane of traffic
Falling asleep at the wheel resulting in a collision with a power pole and serious injuries to the passenger in the car
Turning too sharply on a dirt road causing the vehicle to roll and cause injury to a passenger in the vehicle
Driving at excessive speed

In most cases if no person had been injured the driver may only have faced a careless driving charge.

Dangerous driving vs. dangerous operation of a motor vehicle

Both terms are synonymous and refer to the same offence.

Is this a traffic matter or criminal charge?

It is a criminal charge and if a conviction is recorded it will go on your criminal history.

Possibility of criminal conviction

A criminal conviction is very possible, and its impact on travel, employment, and insurance costs should be considered. Only an experienced traffic lawyer can advise on whether a conviction will likely be recorded or not.

Difference Between Careless Driving and Dangerous Driving

Dangerous driving is a more serious charge, considering factors like speed, the nature of the accident location, and the potential risk to others. The must be some act that is dangerous to other people.

Young offenders and charges

Special rules apply when sentencing a youth (under 18yrs old) charged with dangerous driving, with the Children’s Court operating under the Youth Justice Act 1992.

Seeking legal help

If you have been charged with dangerous driving causing death in Queensland, it is important to seek legal advice as soon as possible. Contact a reputable criminal lawyer today to discuss your case and learn more about your legal options.

What should I do if charged or accused of dangerous driving causing death or GBH?

If I contacted you what would occur?

If you contact us then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email. They have 45 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with thousands of courts appearances between them.

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

We have been operating since 2010 throughout South East Queensland.

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
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

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 Dangerous driving lawyers page.

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
Call us on 1300 952 255seven days a week, 7am to 7pm
Click hereto select a time for us to call you back
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

For advice about your own situation, speak with our careless driving lawyers — call 1300 952 255, 7am–7pm, 7 days.

Top 5 Myths About Dangerous Driving in Queensland

Steven Brough — Thu, 28 Sep 2023 09:25:00 +0000

Myth 1 – Dangerous Driving is a traffic offence

The most common misconception about dangerous driving is that it is a traffic offence and is therefore not as serious as other types of charges. This is incorrect. Dangerous driving is one of the most serious traffic offences in Queensland as it is also a criminal offence.

Dangerous Driving is a very broad charge and is defined under Section 328A of the Criminal Code 1899 as “a person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place”. There are several factors that can aggravate the charge including being under the influence of a substance, excessive speeding, participating in an unlawful race and any injuries caused to other parties.

Myth 2 – Dangerous Driving always involves injuries or death

Dangerous Driving, as defined above, is a very broad charge and does not always involve someone driving in such a way that another person is injured or killed. The penalties associated with the charge will obviously be greater should someone be injured or killed as a result of the type of driving. There are 5 main forms this charge can take with various aggravating factors associated. They are detailed below:

Form of charge

Aggravating factor

Maximum Penalty

Dangerous Driving

None

200 Penalty Units or 3 Years Imprisonment

Dangerous Driving

While adversely affected by an intoxicating substance; or
While excessively speeding; or
Where previously convicted

400 Penalty Units or 5 Years Imprisonment

Dangerous Driving, Causing Grievous Bodily Harm or Death

None

10 Years Imprisonment

Dangerous Driving, Causing Grievous Bodily Harm or Death

While adversely affected by an intoxicating substance; or
While excessively speeding; or
While taking part in a race or illegal speed trail

14 Years Imprisonment

Dangerous Driving, Causing Grievous Bodily Harm or Death Where the offender leaves the scene

None

14 Years Imprisonment

Myth 3 – People charged with Dangerous Driving are eligible for work licences or special hardship licence

When someone is charged with dangerous driving the Court will disqualify your driver licence for a minimum period of 6 months. During your disqualification you are not eligible for any type of work or special hardship licence.

Myth 4 – Dangerous Driving must be a long car chase type event

Many people hear the term Dangerous Driving and picture a James Bond type car chase, this is not the case, in fact a lot of charges of dangerous driving often result from spit second errors in judgement. In the past we have acted for people have been charged with dangerous driving for;

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

Myth 5 – Dangerous Driving charges do not result in criminal convictions

As dangerous driving is a criminal offence the court can choose whether or not to record a conviction. If a conviction is recorded this may have an effect on overseas travel or employment prospects in the future.

It is possible to ask the court not to record a conviction especially if you are first time offender. Contact us for more information about the non-recording of a conviction for a dangerous driving charge.

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a traffic charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of traffic law. We believe that every client deserves a clear understanding of their rights and the legal process they’re navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you’re informed every step of the way.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here.

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
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button at the bottom right and leave us a message

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Can You be Charged for Watching Other People do a Burnout?

Steven Brough — Tue, 22 Aug 2023 13:23:00 +0000

The Queensland government has taken significant steps to address the issue of dangerous driving through the implementation of stricter laws targeting group hooning activities. These comprehensive measures, introduced by Mark Ryan, Minister for Police and Corrective Services reflect, they say, Queensland’s commitment to road safety while sparking a debate about personal freedoms and government intervention.

The new laws are contained in the Summary Offences Act and are called offences associated with hooning offences. They are designed to stop people from conduct that promotes or encourages the commission of hooning offences (including sharing images or films of hooning offences) or the possession of things used to commit hooning, burn out or racing offences.

Why has the government bought this law in?

These new laws, which augment Queensland’s existing anti-hooning laws, aim to tackle various aspects of group hooning. The amendments encompass a range of offences, from active participation and spectatorship to the organisation, promotion, and possession of items associated with such activities.

The key components of the new laws include:

Participation and Spectatorship: A Dual Approach
One of the key features of the amended laws is the introduction of penalties for both active participants and spectators at group hooning events. This approach aims to hold both individuals behind the wheel and those who endorse such dangerous behaviour accountable.
Targeting Organisers and Promoters
By criminalising the organisation and promotion of group hooning events, the amendments extend their reach to participants and spectators. This controversial aspect of the legislation raises questions about the extensive reach of the law.
Cracking Down on Facilitating Items
The laws also prohibit the possession of items that could facilitate group hooning, such as false number plates. Critics might argue that this provision could lead to unintended consequences, impacting innocent individuals who might possess such items for legitimate reasons.

Minister Mark Ryan expressed the government’s standpoint, stating, “Life is precious, and too many lives are lost on our roads. Hooning will not be tolerated. If you want to tear up our roads, we’ll tear up your car. If you want to be a spectator at a hooning event, you will be breaking the law. If you promote a hooning event, it will be an offence.”

The rationale behind these stricter laws is underscored by the economic and personal costs of road trauma in Queensland. In 2020, road trauma accounted for nearly 15% of hospital admissions, translating to an economic cost of $6 billion dollars. These numbers, while significant, only hint at the profound personal toll that road accidents take on affected individuals and their families.

Police Commissioner Katarina Carroll emphasized, “Dangerous driving and hooning-related behaviour not only endangers the lives of those behind the wheel, but they also put innocent members of the public at risk.” The Queensland Police will continue to implement a range of strategies, both overt and covert, including the use of unmarked motorbikes, to enforce the new regulations.

Queensland’s decision to enact stricter laws targeting group hooning is met with both support and criticism. Advocates argue that such measures are necessary to protect public safety, while skeptics raise concerns about potential infringements on personal freedoms. As Queensland navigates this nuanced terrain, it remains to be seen how these regulations will strike the balance between safeguarding citizens and respecting individual liberties.

What exactly is the law?

The object of the law is stated to be to discourage the commission of racing, burn out and other hooning offences by prohibiting:

conduct that promotes or encourages the commission of these offences; and
the possession of things being, to be or having been used to commit those offences.

Specifically the law states that a person must not:

willingly participate in a group activity involving a motor vehicle being used to commit a racing, burn out or other hooning offence; or
organise, promote or encourage another person to participate in, or view, a group activity involving a motor vehicle being used to commit a racing, burn out or other hooning offence; or
photograph or film, or publish a photograph or film of, a motor vehicle being used to commit a racing, burn out or other hooning offence.
Possess a thing that is being, is to be, or has been used to commit a racing, burn out or other hooning offence.

Examples of things for use in committing a racing, burn out or other hooning offence:

number plates that are not related to a motor vehicle being used to commit a racing, burn out or other hooning offence
a hydraulic jack and racing tyres for a motor vehicle being used in a street race

Note that the law has examples of things that could be used to commit a racing, burn out or hooning offence but the police can allege other things were used.

What’s the punishment?

The court can imprison someone for up to a year or fine them a maximum of 40 penalty units (currently $6,908).

Could the court disqualify my drivers licence?

The actual new laws do not specify that there has to be a disqualification of the licence of a person charged with the offence however section 187 of the Penalties and Sentences Act might apply.

The law states that:

If an offender is convicted of an offence in connection with or arising out of the operation, or the interference in any way with the operation, of a motor vehicle by the offender; and
the court by or before which the offender is convicted is satisfied having regard to the nature of the offence, or to the circumstances in which it was committed, that the offender should, in the interests of justice, be disqualified from holding or obtaining a Queensland driver licence;
the court may, in addition to any sentence that it may impose, order that the offender is, from the time of the conviction, disqualified absolutely, or for such period as is ordered by the court, from holding or obtaining a Queensland driver licence.

As the law is so new its not known whether the court will use section 187 to disqualify the licence of someone found guilty of the offence. However looking at the law the court would have to find that someone has done more that watch other people conducting hooning activities they would have to have done some act that interferes with the operation of a motor vehicle.

Perhaps someone that poured a fluid on the ground to allow a vehicle to do a burnout more easily could be thought of as interfering with that vehicle.

So I really could be charged for just watching other people do a burn out in their car?

Lets look at what exactly the law (unlawful conduct associated with commission of racing, burn out or other hooning offence ) says by underlining the most important terms.

A person must not:

willingly participate in a group activity involving a motor vehicle being used to commit a racing, burn out or other hooning offence; or
organise, promote or encourage another person to participate in, or view, a group activity involving a motor vehicle being used to commit a racing, burn out or other hooning offence

So the law require either a person to willingly participate or organise, promote or encourage other people to hoon. No higher court has ruled on what those terms mean yet. Certainly if you just happen to see hooning activity from your balcony then that wouldn’t result in a charge however if you shouted encouragement to someone to do a burnout then that might result in a charge.

Also the law is probably wide enough to capture the circumstances where a person hears about a gathering of cars where hooning will occur and uses social media to tell other people about that event as they might be seen to be encouraging people to attend the event.

What about posting a video online of a car hooning?

This is where the law is perhaps at its most wide. The law says if a person organises, promotes or encourages someone to participate or view a hooning offence they commit an offence. It then goes on to say that if a person, for the purpose or organising, promoting or encouraging someone to participate or view a hooning offence, photographs or films, or publishes a photograph or film of, a motor vehicle being used to commit a racing, burn out or other hooning offence then they commit an offence.

As the law is written does that mean someone posting a video or picture on a social media site of hooning activity could be charged?

Well yes they could. The law is so wide that if someone were to post videos they took of someone hooning or simply shared that video then as long as the police think they did that to organise promote or encourage someone to go to a hooning event they could be charged.

The law is really designed to prevent people gathering together to watch or participate in hooning activity. However the law is written quite widely. Only time will tell how the courts interpret the law.

I’m only 17 and have been charged with unlawful conduct associated with a hooning offence

Any person under 18 is considered a child which means they will attend children’s court for the charge not an adult court.

This type of offence might attract a high number of charges where the person charged is under 18.

The Youth Justice Act, governs how the Children’s Court deals with child offenders and gives the court a much wider series of options on how to punish someone like;

Reprimand
Good behaviour bond
Fine

Conclusion

The Queensland government has introduced very wide and sweeping powers to crack down on hooning and to punish people who in the past could not have been charged.

As the law is so new it is not known how the courts will interpret the law.

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
Click here to select a time for us to call you back
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger

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
Click here to select a time for us to call you back
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger

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.