Careless driving, Maryborough

Careless driving lawyer Maryborough — from tickets to the most serious charges

Careless driving — driving without due care and attention — is the everyday charge: a fine, demerit points, and often room to negotiate. Where someone was killed or seriously injured it becomes an aggravated charge, with a mandatory 6-month disqualification and prison on the table — that form is clearly flagged in its own section below. Charged in the Maryborough district? Your matter is heard at Maryborough Magistrates Court, 170 Richmond Street. Here’s exactly what we do about it.

Written and reviewed by Steven Brough, founder · practising in Queensland courts for 25+ years · Last updated 9 July 2026

6 months

mandatory disq — death or GBH

1–2 yrs

max prison, death or GBH

Maryborough

heard at 170 Richmond Street

Charged after a crash, or have a court date? Talk to our team today — free.

Leave your name, phone and email and we’ll call you back around 15 minutes during office hours — 7am–7pm, 7 days.

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Your court

Maryborough Magistrates Court

170 Richmond Street, Maryborough QLD 4650. Careless driving charges for the Maryborough district are heard here; death/GBH matters may be committed to a higher court. The registry is open 8:30am–4:30pm weekdays.

Our office

Unit 3, 6 Liuzzi St, Pialba

Lakeside Office Park — near this court. Meet us here, by phone, or at court on the morning. Phone 07 4408 6717.

Your lawyer

Steven, Braden or Jacob

Your matter is run start to finish by one of our Maryborough regulars — Steven, Braden or Jacob. The lawyer you speak to is the one who appears beside you.

The honest picture

What a careless driving charge in Queensland actually means

Careless driving is defined in section 83 of the Transport Operations (Road Use Management) Act — driving without due care and attention, or without reasonable consideration for others. Most of the time it’s a fine. But since 2018 there’s a far more serious version where someone is killed or seriously hurt. Six things are worth knowing before your court date:

1 Careless is the lesser charge — not dangerous driving

Careless driving means falling below the standard of a reasonable, prudent driver. It’s less serious than dangerous driving, which is a Criminal Code charge. The court measures it objectively — it doesn’t matter whether you thought your driving was fine.

2 Most careless charges are minor — this page isn't about those

If no one was hurt, careless driving is usually a fine, often with no disqualification, and you can frequently plead guilty online. If that’s you, you may not need us at all — and we’ll tell you so.

3 Causing death or GBH changed everything

In 2018, after the coronial inquest into the death of Audrey Ann Dow, the government created a harsher offence for careless driving causing death or grievous bodily harm — an intermediate charge between careless and dangerous driving. That’s the charge that needs a lawyer.

4 Death or GBH means a mandatory 6-month disqualification

And there is no work licence for a careless disqualification. If your licence is vital, the whole game becomes persuading the court not to disqualify — or having the charge reduced to basic careless, where no mandatory disqualification applies.

5 Prison is genuinely possible

Careless causing death or GBH carries up to 1 year (or 2 years if you were unlicensed). In De Silva the driver received 5 months’ imprisonment, wholly suspended, plus a 12-month disqualification for careless driving causing death.

6 An accident doesn't automatically make you guilty

If you drove with the care a reasonable, prudent driver would have shown, you shouldn’t be convicted — even after a serious crash. In Manuel v Parker a conviction for careless driving causing death was overturned on exactly that basis. Use your right to silence and get advice.

Penalties at a glance

Careless driving (no one hurt)

40 penalty units or 6 months

≈ 40 penalty units (currently $6,908) fine · no mandatory disqualification (court discretion) · 3 demerit points · Magistrates Court · often pleadable online.

Causing death or GBH

Up to 1–2 years prison

80 penalty units / 1 yr if licensed · 160 units / 2 yrs if unlicensed ·mandatory 6-month disqualification· no work licence · Magistrates Court.

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

Charged after a crash? An accident doesn't automatically mean you drove carelessly — and what you do next matters most.

Check in 30 seconds

How serious is the charge you're facing?

There are three levels of careless driving charge in Queensland, and they carry very different consequences. Pick the one that fits to see the maximum penalty, the minimum disqualification, and which court will hear it.

If you're disqualified, there's no work licence.

Which is why, for a death or GBH charge, getting it reduced to basic careless — or persuading the court not to disqualify — is the whole game.

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

Which charge are you facing?

Maximum penalty

40 penalty units or 6 months

Minimum disqualification

None mandatory

Which court

Magistrates Court

Work licence

N/A — no disq

Basic careless driving carries a maximum of 40 penalty units (about 40 penalty units (currently $6,908)) or 6 months imprisonment, with no mandatory disqualification — though the court has a discretion to impose one, and if someone was injured a disqualification is almost certain. It’s 3 demerit points and can often be dealt with by pleading guilty online, unless the magistrate is considering a disqualification.

Where a disqualification or prison is possible, don’t face it without an experienced traffic lawyer — call 1300 952 255 before your court date, free.

Maximum penalty

80 penalty units or 1 year

Minimum disqualification

6 months

Which court

Magistrates Court

Work licence

Not available

Careless driving causing death or grievous bodily harm, where you held a licence, carries a maximum of 80 penalty units (about $13,816 ) or 1 year imprisonment, and a mandatory minimum 6-month disqualification with no work licence. This is a serious charge — the priority is testing whether it was truly careless and negotiating it down to basic careless where possible.

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

Maximum penalty

160 penalty units or 2 years

Minimum disqualification

6 months

Which court

Magistrates Court

Work licence

Not available

Because you were unlicensed, the maximum for careless driving causing death or grievous bodily harm doubles — 160 penalty units (about $27,632 ) or 2 years imprisonment — plus the mandatory 6-month disqualification and, likely, a separate charge and disqualification for unlicensed driving. Experienced representation is critical from day one.

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

What we actually do

How we protect your licence and keep you out of prison

No disqualification where we can avoid it, no conviction recorded, the charge negotiated down, and — where prison is a risk — keeping you out of it. Everything below is aimed at that.

We protect your right to silence first

If the forensic crash unit or police want a statement, speak to us before you say anything. What you say in the days after a crash can decide whether you’re charged, and with which version of the offence.

01 We get the brief and test whether it was really careless

We obtain the QP9, the forensic crash report and your traffic history — then ask the question police often get wrong: was your driving actually below the standard of a reasonable, prudent driver? An accident, even a serious one, isn’t automatically careless driving.

02 We negotiate with the prosecutor

This is where cases are won. We push to have a careless-causing-death/GBH charge reduced to basic careless — which carries no mandatory disqualification — the facts made more favourable, or, where the case is weak, the charge withdrawn entirely.

Charge down

03 We build your mitigation early

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

Keep driving

04 We argue against disqualification and a recorded conviction

For basic careless we put the case for no disqualification at all; for death or GBH we work to keep it to the 6-month minimum. And because careless is a simple offence, we argue against a conviction being recorded on your traffic history — which matters most for transport and mine work.

05 Your lawyer stands and speaks for you

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

06

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

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

Steven's approach

The right charge, the right result — sometimes no disqualification at all.

Steven founded the firm in 2010 and has spent 25+ years in Queensland courts. On careless driving, experience decides the outcome — because the gap between a careless-causing-GBH conviction with a mandatory disqualification and a reduced basic careless charge with no licence loss at all comes down to how the case is put, and how early it starts.

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

We've had careless-causing-GBH charges reduced to basic careless with no disqualification, and kept convictions off the traffic histories of clients whose jobs depended on it. And before you spend a cent, we'll tell you the honest, realistic range for your case.

QTOP sponsor

5,000+ matters run

Fixed fee, quoted upfront

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

Diving deeper

Want the full picture on careless driving?

Steven has written a complete guide to careless driving in Queensland — the test, the death/GBH offence, the defences and the leading cases. Here’s the short version.

Careless vs dangerous

Careless (TORUM s 83) is falling below the standard of a reasonable driver. Dangerous (Criminal Code s 328A) is driving that puts the public at risk over and above ordinary driving — and is far more serious.

The 2018 death/GBH change

After the Audrey Dow inquest, s 83 was amended to add careless driving causing death or GBH — a mandatory 6-month disqualification and up to 1–2 years’ prison, filling the gap between careless and dangerous.

Real defences

A sudden, unknown mechanical defect; a sudden medical event; an extraordinary emergency; or that the driving simply wasn’t careless (Manuel v Parker). Where they exist, we find and run them.

Facts & myths

Basic careless is 3 demerit points and often pleadable online. A crash isn’t automatically careless. There’s no work licence if you’re disqualified. And a lawyer shows the court you’re taking it seriously.

How the law defines careless driving

Section 83 of the Transport Operations (Road Use Management) Act makes it an offence to drive without due care and attention, or without reasonable consideration for others. The Act doesn’t define “due care”, so the courts do: in Johannsen v Zeller it was described as a “failure to exercise the degree of care and attention that a reasonable and prudent driver would have exercised.” The test is objective — not the exceptionally careful driver, and not what you personally thought was enough, but the standard of the average driver who has regard for the safety of others.

Why you might be charged

Usually it follows a crash the police believe you caused. For serious crashes the Forensic Crash Unit investigates and a charge can come months later. But you can also be charged with no accident at all — for example taking off from lights too aggressively — and even on private property, because the offence covers driving “on a road or elsewhere”. Critically, an accident does not automatically mean careless driving; if you drove as a reasonable, prudent driver would have, you shouldn’t be convicted.

Negotiating with the prosecutor

Negotiations fall into three categories: the facts (how the incident is described to the magistrate, which shapes the penalty); the charge (reducing careless causing GBH to basic careless, so no mandatory disqualification applies); and withdrawal (where the prosecutor cannot be confident of proving the case, or it’s not in the interests of justice). A withdrawn charge is thrown out — the end of the matter.

Possible defences

A sudden, previously unknown mechanical defect that deprived you of control; a sudden medical event (e.g. unexpectedly falling unconscious) you couldn’t have foreseen; an extraordinary emergency an ordinary person couldn’t be expected to act differently in; or accident — consequences you neither intended nor could reasonably have foreseen. Where a genuine defence exists, we run it.

Convictions and your traffic history

Careless driving is a simple offence, so it never appears on your criminal history — but it will appear on your traffic history if the magistrate records a conviction. That matters most for people in or around the transport industry and the mines, whose employers check traffic histories. In deciding whether to record a conviction the court weighs the seriousness of the offence, your age and character, and the impact recording one would have on you. If no conviction is recorded, the offence won’t appear at all.

Leading cases

Manuel v Parker [2013] QDC 138 — a conviction for careless driving causing death was set aside on appeal; the driver had honestly and reasonably believed the motorcyclist wasn’t in his lane and had not driven carelessly. De Silva v Commissioner of Police [2020] QDC 241 — 5 months’ imprisonment, wholly suspended, plus a 12-month disqualification for careless driving causing death was upheld as not manifestly excessive, showing how seriously these matters are treated.

General information only, not legal advice. Every matter turns on its own facts — call 1300 952 255 for free, specific advice.

Your local court

Maryborough Magistrates Court — where your charge is heard

Careless driving charges for the Maryborough district are heard at Maryborough Magistrates Court, 170 Richmond Street. A death or GBH matter may be committed to a higher court — either way, our lawyers appear before this bench regularly and know what a Maryborough magistrate wants to see.

Where it is

170 Richmond Street, Maryborough QLD 4650 — a grand heritage courthouse. The registry is open 8:30am–4:30pm weekdays.

Parking & getting there

There’s free and metered street parking around Richmond, Wharf and Adelaide Streets. Allow time to clear security screening at the entrance.

When it sits & what to expect

Maryborough Magistrates Court sits Monday to Friday, with a shorter list Thursday — aim to arrive by 8:30am, find your courtroom, and your lawyer will meet you, speak to the police prosecutor, and appear beside you.

Maryborough Magistrates Court, 170 Richmond Street, Maryborough.

Frequently asked questions

Asked at 2am, answered here

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

What's the difference between careless driving and dangerous driving?

Careless driving (driving without due care and attention, under s 83 of the Transport Operations (Road Use Management) Act) is the lesser charge — driving that falls below the standard of a reasonable, prudent driver, judged objectively. Dangerous driving is the more serious criminal charge under s 328A of the Criminal Code, for driving that puts the public at risk over and above ordinary driving. Careless is heard in the Magistrates Court and, in its basic form, carries no mandatory disqualification.

Can I just plead guilty online to careless driving?

For a minor careless driving charge where no one was hurt, it’s often fine to plead guilty online. But if the magistrate is considering a disqualification — and always where the charge is careless driving causing death or grievous bodily harm — the matter is adjourned and you must attend court in person. For those serious charges, get legal advice before doing anything.

Will I lose my licence for careless driving in Queensland?

For basic careless driving there’s no mandatory disqualification — but the court has a discretion, and if another person was injured a disqualification is almost certain. For careless driving causing death or grievous bodily harm there’s a mandatory minimum 6-month disqualification, with no upper limit.

Can I get a work licence if disqualified for careless driving?

No — there’s no work or hardship licence for a careless driving disqualification. That’s why, if your licence is vital, the goal is to persuade the court not to disqualify at all, or to have a careless-causing-death/GBH charge reduced to basic careless where no mandatory disqualification applies.

What is careless driving causing death or grievous bodily harm?

In 2018 the government amended s 83 to create harsher penalties where careless driving causes death or grievous bodily harm — an intermediate offence between careless and dangerous driving, introduced after the coronial inquest into the death of Audrey Ann Dow. Licensed, the maximum is 80 penalty units or 1 year prison; unlicensed it doubles to 160 units or 2 years. Either way there’s a mandatory 6-month disqualification.

Will careless driving give me a criminal record?

Careless driving is a simple offence, so it won’t appear on your criminal history. It appears on your traffic history only if the magistrate records a conviction — which can affect insurance and employment, especially in the transport industry and the mines. The court has a discretion whether to record one.

Can having a lawyer help me avoid a conviction being recorded?

Yes. The magistrate has a discretion whether to record a conviction, weighing the nature of the offence, your age and character, and the impact recording one would have on you — for example on a truck or mine job where employers check your traffic history. A lawyer puts that case properly, and we’ve often kept convictions off the records of clients who’d likely have copped one on their own.

Will I get demerit points for careless driving?

Yes — Queensland Transport issues 3 demerit points for a careless driving conviction, deemed to have occurred at the date of the incident. If those points fall during a good driving behaviour period you may need to apply for a special hardship licence.

From our clients

Licence saved, conviction avoided.

Every review here is a 100% authentic Google review.

4.9 on Google

“Highly recommend Jacob Pruden at Clarity Law thankyou once again! Very professional and knows the laws very sharp and to the point. Jacob took on my matter regarding a traffic offence and got me an outcome that I can live with. Very happy with the service. Good communication, very professional, punctual and easy to talk to. Thanks again Jacob also Steve who did my initial consult you guys are the best. If I ever need help again you will be my first point of call.”

Alexis Burrows — Google review

“My husband and myself would like to thank Jacob Pruden and the Clarity Law and highly recommend Jacob for his resilience and the ability to explain what the ramifications of my car accident. His knowledge with the Traffic Law system and calming attitude gave us huge faith as it was my first experience in Court. We pray for his success 🙏 God bless”

Peng Bernhardt — Google review

“Found these guys through Google and so grateful! Assisted with my sons traffic incident so professionally but also so personally. The best and honest outcome for my son it always seemed was their goal and that’s what the outcome was. Jacob attended 3 different courts and was so supportive and assuring but also very clear to my son what the process was and what outcomes meant. Would Recommend Clarity Law 100% if you want a lawyer who works for you and is fair and just. Thankyou so much !”

Andrew Gilbert — Google review

“Recently used the service of Clarity Law for a traffic offence proceedings. Felt supported through the whole process and the firm was easy to reach and quick to revert back. Really liked the way Jacob Pruden handled it and got me the best possible outcome.”

Anubhav Sarikwal — Google review

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

Jason Sproule — Google review

“I found myself wrongly charged so I needed the best professional, ethical and honest representation, so I engaged Clarity law and Jacob Pruden successfully had the charges dismissed .We couldn’t have asked for a better outcome! IF you want the best results, don’t hesitate to call Clarity law Maroochydore.”

Peter Kelly — Google review

Belinda Smyth · Client Services Manager · 24 years experience

How we operate

What happens when you contact us

No scripts. No sales pitch. No chasing or hounding. At worst, you hang up knowing more about your charge than when you called.

01 Belinda or Sara takes your call

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

02 A fixed quote lands in your inbox the same day

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

03 You decide, on your own time

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

04 Engaged? An experienced lawyer takes it from there

Engaged? An experienced lawyer takes it from there You get your lawyer’s direct mobile and email. Every one of our lawyers is in court every week — you’re never handed to someone learning on your matter.

The sooner you call, the more we can do.

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

Questions at 2am?

Ask our assistant about careless driving in Maryborough — any time.

Instant answers on the difference from dangerous driving, penalties, the death/GBH offence, and what happens at court — trained on Steven’s guides. For advice on your situation, it hands you straight to a human.