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Dangerous Driving Offences

A person who drives a motor vehicle dangerously could be guilty of a number of offences, depending largely on the outcome of their driving, usually regardless of whether they specifically intended for that outcome to occur or not.

Subsection 328A(6) of the Queensland Criminal Code provides that “dangerous” for the purpose of a criminal charge of dangerous driving means to:

“Operate, or in any way interfere with the operation of, a vehicle 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.”

Dangerous Operation Of A Motor Vehicle

The offence of dangerous operation of a motor vehicle is committed when a person operates a vehicle in a dangerous manner in a public place. This offence can attract a penalty of up to three years imprisonment or a fine of up to 300 penalty units.

Dangerous Driving Causing Death or GBH

The offence of dangerous driving causing death and dangerous driving causing GBH are governed by section 328A of the Criminal Code. A person found guilty of this offence may be sentenced to up to 10 years imprisonment or up to 14 years imprisonment if at the time of the offence they were intoxicated, speeding or taking part in an unlawful race or an unlawful speed trial.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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