Being charged with ‘dangerous driving’ is one of the most serious driving offence in Queensland and encompasses a range of conduct from drag racing to excessing speeding.

The Charge

Section 328A of the Criminal Code (Qld) provides the offence of dangerous operation of a vehicle. Relevantly, that section provides:

(1) A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour.

Penalty—

Maximum penalty—200 penalty units ($27,570.00 as at September 2021) or 3 years imprisonment.

The penalty and period of imprisonment is increased to 400 penalty units ($55,140.00 as at September 2021) or 5 years imprisonment if the offender:

(a) at the time of committing the offence is adversely affected by an intoxicating substance; or

(b) at the time of committing the offence is excessively speeding or taking part in an unlawful race or unlawful speed trial; or

(c) has been previously convicted either upon indictment or summarily of an offence against this section.

Further, if the person causes a death or grievous bodily harm to another person, then the maximum term of imprisonment is 14 years.

The legislation sets out very clearly the penalties that can be imposed and the circumstances which can lead to maximum penalties being applied.

Further, where a person has been charged with dangerous operating of a vehicle, the minimum period of disqualification from driving is 6 months.

At RHC Solicitors, we have a team of lawyers who believe in fighting for hard working Queenslanders who may have made a mistake.

Whilst the legislation may set out maximum penalties for the offence of ‘’dangerous driving, a Judge needs to have regard to each individual case and a persons circumstances and criminal history.