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Home / Traffic Services / Careless driving

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

Most careless driving is a fine you can often pay or plead to online. But where someone was killed or seriously injured, everything changes — a mandatory 6-month disqualification, prison on the table, and no work licence. That serious end is what this page is about, and exactly what we do about it.

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

6 months

mandatory disq — death or GBH

1–2 yrs

max prison, death or GBH
 

No licence

work or hardship, if disqualified
 

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

We’ll call you back in around 15 minutes during business hours.
 

4.9  on Google · Fixed fees, always in writing

THE HONEST HEADING

What a careless driving charge in Queensland actually means

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

1

Careless is the lesser charge — not dangerous driving

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

2

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

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

3

Causing death or GBH changed everything

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

4

Death or GBH means a mandatory 6-month disqualification

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

5

Prison is genuinely possible

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

6

An accident doesn't automatically make you guilty

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.

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 $12,380) 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.

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 $24,770) 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.
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.
 

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 check exactly which charge you face

Relevant drug present or DUI? The difference decides whether a work licence is even possible. We read the charge documents before you plead to anything.

01

We get the brief from the prosecutor

We obtain the QP9 and the drug analysis certificate, and check how the sample was taken and whether the paperwork stacks up. If something’s wrong, we find it here.

02

We apply for your work licence in time

If you’re eligible, we prepare and file the restricted licence application before you’re sentenced — the window that people acting alone so often miss.

Before sentence

03

You do the smart things early

A QTOP course — it runs over 4 days, and we’re a proud sponsor — plus character references and, where relevant, drug counselling. We tell you exactly what to get, and when.

04

We tailor every word to your result

What we say to the magistrate is built around you — your charge, your history, your need to drive — and aimed squarely at the best realistic outcome: the shortest disqualification, the work licence, and the conviction question argued.

05

Your lawyer speaks for you, and you leave with a plan

You won’t have to find the words yourself. Your lawyer puts your story to the magistrate, and you leave with your licence dates and next steps in writing.

06

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

Steven Brough · Founder · 25+ years in Queensland courts

Steven's approach

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

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

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

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

QTOP sponsor

5,000+ matters run

Fixed fee, quoted upfront

Diving deeper

Want the full picture on drug driving?

Steven has written a complete guide to drug driving in Queensland — the charges, the penalties, the myths, and how a work licence works. 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.
 

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.
 

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.
 

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 two charges, and the law

There are two separate offences.Driving with a relevant drug present (section 79(2AA)) needs only that an active drug — cannabis (THC), methylamphetamine, MDMA or cocaine — was detected in your saliva or blood; no impairment is required. Driving under the influence of a drug (DUI, section 79(1)) is the more serious impairment charge. The one you face changes everything, including whether a work licence is possible.

What decides your penalty

For a relevant-drug-present charge the minimum disqualification is 1 month; for DUI of a drug it is 6 months with no upper limit. The court weighs your charge, your traffic history, whether it is a repeat offence, and how the matter is presented. There are no demerit points — the penalty is a court-ordered disqualification and a fine, with imprisonment available for repeat or serious matters.

The work licence path

A restricted (work) licence can be available for a relevant-drug-present charge — but not for DUI of a drug. It must be applied for before you are sentenced, and you must meet the eligibility rules (no disqualification or relevant conviction in the last 5 years, and a genuine need to drive for work). Missing the application window means losing the chance entirely, so getting advice early matters.

Reducing the sentence & myths

Completing the QTOP course before court (it runs over 4 days — we’re a proud sponsor), plus character references and counselling where relevant, is what magistrates give credit for. And the myths: you don’t need to be impaired to be charged with relevant-drug-present; cannabis can be detected days after use, long after any effect; and drug driving can’t be finalised online.

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

Courts we attend

A local careless driving lawyer, whichever court you're in

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

North Brisbane

Brendale office

Gold Coast

Bundall office

Ipswich

Ipswich office

Logan

Loganholme office

Toowoomba

Toowoomba office

Hervey Bay

Hervey Bay office

Belinda Smyth · Client Services Manager · 24 years experience

How we operate

What happens when you contact us

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

01

Belinda or Sara takes your call

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

02

A fixed quote lands in your inbox the same day

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

03

You decide, on your own time

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

04

Engaged? An experienced lawyer takes it from there

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

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.

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.

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

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

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.

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.

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.

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

“Thank you Russell & Belinda ! Your Experience and Professionalism helped me out immensely. The matter was sorted with meticulous planning . Personal attention was never neglected and you were available and comforted me in the most difficult of times. All the best and thank you once again.”

Niiranjjan B Taste — Google review

“Braden Milburn and the Clarity team did an outstanding job representing me. His professionalism, expertise, and dedication were evident throughout my case, and I’m incredibly grateful for his excellent work and support. Highly recommend!”

Zachary Liddle— Google review

“Nothing short of perfect service and a fantastic outcome, Highly recommended and very stress free. Belinda and Russell know how to ensure the best possible outcome for the given situation.”

Andrew Gilbert — Google review

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

Lisa Renwick — 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

our team

The lawyers who'll stand beside you

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

The sooner you call, the more we can do.

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

Office locations

Eight offices. A local lawyer for your court.

Brisbane

Level 1, 16 McDougall St, Milton

07 3067 7017

Gold Coast

Level 15, 2 Corporate Court, Bundall
07 5613 2683
 

Sunshine Coast

Suite 8, 84 Wises Rd, Maroochydore

North Brisbane

3/22-24 Strathwyn St, Brendale

07 3485 0184

Ipswich

16 East Street, Ipswich

07 3485 0147

Logan

Level 2, 3972 Pacific Hwy, Loganholme

07 3668 0683
 

Toowoomba

QLD / 07

16 East Street, Ipswich
1300 952 255
 

Hervey Bay

QLD / 08

Unit 3, 6 Liuzzi St, Hervey Bay
07 3485 0184
 

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