Dangerous Operation Of A Motor Vehicle


Dangerous operation of a motor vehicle, commonly called dangerous driving, is a serious criminal offence in Queensland and it carries a maximum penalty of 3 years imprisonment or a 200 Penalty Unit fine. If you are found guilty of dangerous driving your licence will be disqualified for a minimum of 6 months in addition to any other penalty that is imposed.

Subsection 328A(1) of the Queensland Criminal Code creates the offence and 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 or 3 years imprisonment.

In order for you to be convicted of an offence of dangerous driving, the police must prove that:

  • You were driving a motor vehicle, or you interfered with someone who was, and
  • Your driving, or interference, was dangerous.

What Might Constitute Dangerous Driving?

Police can allege that you were driving dangerously because of something which they say is inherently dangerous, for example running a red light, or they can argue that your driving was dangerous because of something particular about the circumstances surrounding your driving, for example driving a seriously defective vehicle.

In determining whether or not you were driving dangerously, the court must take into account the condition of the road and amount of traffic that would be expected to be on that road at that time. The presence of alcohol or another intoxicating substance in your system might also give rise to an allegation that you were driving dangerously, simply by reason of your level of intoxication.

Which Court Will Hear My Matter?

Dangerous driving will normally be heard in the Magistrates Court.

WHERE TO NEXT?

In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.

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