Dangerous driving

Dangerous driving is a criminal charge — never face it alone

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

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

Criminal

offence — prison is possible

6–12 mths

minimum disqualification
No licence

No licence

work or hardship, during it

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

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

✓ Confidential ✓ No obligation ✓ 7am–7pm

4.9 on Google · Fixed fees, always in writing

The honest picture

What a dangerous driving charge in Queensland actually means

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

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

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

2 There are four charges, and they escalate fast

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

3 Prison is a real possibility — even first time

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

4 No work licence — the disqualification is absolute

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

5 You have the right to silence — use it

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

6 The charge can often be negotiated down

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

Penalties at a glance

Dangerous driving (basic)

Up to 3 years prison

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

Causing death or GBH / aggravated

Up to 14 years prison

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

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

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

Check in 30 seconds

How serious is the charge you're facing?

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

There is no work licence for any of them.

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

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

Which charge are you facing?

Maximum penalty

3 years imprisonment

Minimum disqualification

6 months

Which court

Magistrates Court

Work licence

Not available

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

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

Maximum penalty

5 years imprisonment

Minimum disqualification

6 months

Which court

Magistrates Court

Work licence

Not available

Because you were adversely affected by an intoxicating substance, this is charged as a crime — maximum 400 penalty units (about $69,080 ) or 5 years imprisonment. Even low-range alcohol can qualify. Being affected pushes the penalty up, so how this is argued really matters.

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

Maximum penalty

5 years imprisonment

Minimum disqualification

6 months

Which court

Magistrates Court

Work licence

Not available

Excessive speeding (40km/h+ over) or taking part in an unlawful race makes this a crime — maximum 400 penalty units (about $69,080 ) or 5 years imprisonment. It’s also a type 1 hooning offence, so your vehicle can be impounded for 90 days.

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

Maximum penalty

Up to 14 years imprisonment

Minimum disqualification

1 year

Which court

District Court

Work licence

Not available

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

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

What we actually do

How we keep you out of prison and on the road

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

We protect your right to silence first

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

01 We get the brief and look for defences

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

02 We negotiate with the prosecutor

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

Charge down

03 We build your mitigation early

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

04 We tailor every word to your result

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

05 Your lawyer stands and speaks for you

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

06

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

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

Steven's approach

On a charge this serious, experience is everything.

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

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

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

QTOP sponsor

5,000+ matters run

Fixed fee, quoted upfront

2 minutes — the right to silence, prison, and what happens at court, from Steven

Diving deeper

Want the full picture on dangerous driving?

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

Careless vs dangerous

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

Momentary inattention

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

Real defences

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

Facts & myths

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

The four charges and the law

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

What decides your sentence

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

The careless-driving downgrade

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

Defences and leading cases

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

It goes on your criminal record

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

Which court will hear it

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

How these charges usually happen

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

How to reduce your penalty

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

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

Courts we attend

A local traffic lawyer, whichever court you're in

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

Brisbane

Milton office

North Brisbane

Brendale office

Gold Coast

Bundall office

Sunshine Coast

Maroochydore office

Ipswich

Ipswich office

Logan

Loganholme office

Toowoomba

Toowoomba office

Hervey Bay

Hervey Bay office

Belinda Smyth · Director & Client Services Manager · 24 years in the legal industry — she and Sara take your calls

How we operate

What happens when you contact us

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

01 Belinda or Sara takes your call

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

02 A fixed quote lands in your inbox the same day

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

03 You decide, on your own time

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

04 Engaged? An experienced lawyer takes it from there

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

Questions at 2am?

Ask our assistant about dangerous driving — any time.

Instant answers on the four charges, penalties, the right to silence, and what happens at court — trained on Steven’s guides. For advice on your situation, it hands you straight to a human.

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.

Can I get a work licence or hardship licence for dangerous driving?

No. It’s not possible to get a work or hardship licence for dangerous driving, so it’s critical to minimise the disqualification as much as possible. The minimum is 6 months for basic dangerous driving and 1 year where death or grievous bodily harm is caused — both with no upper limit.

Will I go to jail for dangerous driving in Queensland?

Prison is a real possibility, even on a first offence — it depends on the circumstances, the damage done and whether anyone was hurt. Where the charge is causing death or grievous bodily harm, a prison sentence is almost always imposed. We’ve often persuaded courts to impose community service or a suspended sentence instead of actual time.

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

Dangerous driving is the more serious charge, reserved for driving that subjects the public to a risk over and above ordinary driving — judged by speed and all the circumstances. Careless driving (driving without due care and attention) is less serious and carries no mandatory disqualification. Negotiating a dangerous charge down to careless can avoid losing your licence entirely.

Will dangerous driving give me a criminal record?

Possibly. Dangerous driving is a criminal offence, so the court can choose whether to record a conviction. A recorded conviction can affect overseas travel, employment and insurance. It’s possible to ask the court not to record one — especially for a first offender — but if any imprisonment is imposed, even if wholly suspended, a conviction must be recorded.

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

Yes — this is one of the most valuable things a lawyer does on a dangerous driving charge. Because it’s a criminal offence, the magistrate or judge has a discretion whether to record a conviction, and a recorded one can follow you for years through travel, work and insurance. We put the case for no conviction properly: your age, character, traffic history, remorse, and the real impact recording one would have on your job and economic wellbeing — the factors the court must weigh under the Penalties and Sentences Act. We’ve kept convictions off the records of many first-time offenders who would likely have copped one on their own. (If any imprisonment is imposed, even wholly suspended, a conviction must be recorded.)

What court will hear a dangerous driving charge?

All dangerous driving charges start in the Magistrates Court. Basic dangerous driving and the aggravated forms (intoxicated, excessive speed or unlawful race) are finalised there. Dangerous driving causing death or grievous bodily harm is ultimately determined in the District Court.

Do I have to talk to the police about a dangerous driving charge?

No. You have the right to silence, protected by section 397 of the Police Powers and Responsibilities Act 2000. In most cases you should not give a formal interview and should only make a statement after getting legal advice. If police are formally interviewing you, they’ve usually already decided to charge you — talking rarely helps and often makes things worse.

Will I get demerit points for dangerous driving?

No. Dangerous driving doesn’t carry demerit points. Instead it carries a mandatory court-ordered disqualification — a minimum of 6 months, or 1 year where death or grievous bodily harm is caused, both with no upper limit.

From our clients

Kept out of prison, kept driving.

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