Facing A Dangerous Driving Charge In Queensland? Laws, Penalties And Defences
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Being charged with Dangerous Operation of a Motor Vehicle, often referred to as dangerous driving or hooning, is one of the most serious traffic-related offences in Queensland.
Unlike most driving offences, which fall under transport legislation, dangerous driving is a criminal offence under the Criminal Code (Qld), and can carry significant penalties including imprisonment.
If you are being investigated or charged, it is important to understand what the offence involves, what the prosecution must prove, and what options may be available to you.
Note: As of 1 July 2025, one penalty unit in Queensland is $166.90. Penalty units are updated regularly, so this amount may change after the date of this article's publication. Please visit the Queensland Government website for current amounts.
In This Article:
What Is Dangerous Operation Of A Motor Vehicle?
The offence of Dangerous Operation of a Motor Vehicle is contained in section 328A of the Criminal Code (Qld). In simple terms, a person commits this offence if they operate, or interfere with the operation of, a vehicle in a way that is dangerous to the public.
Importantly, the legislation does not provide a strict definition of what is “dangerous”. Instead, the Courts assess danger objectively, based on what a reasonable, cautious and competent driver would consider dangerous in the circumstances.
When assessing whether driving was dangerous, the Court may consider factors such as:
the speed of the vehicle
the manner of driving
road and weather conditions
traffic density and pedestrians
the condition of the vehicle
whether the driver was affected by alcohol or drugs
Police often rely on observations from other road users, dashcam footage, speed calculations, and expert evidence when bringing these charges.
It is important to remember that dangerous driving applies anywhere, not just on public roads, and that police have the power to arrest a person without a warrant for dangerous driving
The Law: Section 328A Criminal Code (Qld)
Not all dangerous driving charges are treated the same under Queensland law. Section 328A of the Criminal Code (Qld) separates the offence into distinct categories, with far harsher penalties applying where certain risk factors are present at the time of the driving.
Basic Dangerous Driving
If someone drives dangerously, they can be charged with a criminal offence and face up to 3 years in prison, and/or a significant fine of 200 penalty units ($33,380). This applies even if no one is injured.
Posting Dangerous Driving Online
If a person posts videos or other material on social media showing or promoting their dangerous driving, such as hooning or stunts, the offence becomes more serious. In those cases, the maximum penalty increases to up to 5 years in prison and/or a higher fine of 400 penalty units ($66,760).
Aggravated Dangerous Driving
Dangerous driving is treated as a more serious crime if, at the time of driving, the person:
was affected by alcohol or drugs
was excessively speeding
was involved in a race or speed trial
has a previous dangerous driving conviction
These circumstances expose the driver to up to 5 years imprisonment.
Repeat Offenders
If a person has prior convictions for dangerous driving, particularly where alcohol or drugs were involved, the Court must impose a term of imprisonment.
Dangerous Driving Causing Death Or Serious Injury
If dangerous driving results in death or grievous bodily harm, the penalties increase dramatically:
Up to 14 years in prison in standard cases
Up to 20 years in prison if aggravating factors apply, including driving under the influence, excessive speeding or racing, fleeing the scene without helping, and/or evading police
These are among the most serious driving-related offences in Queensland.
What Must The Prosecution Prove?
For any criminal charge, the prosecution must prove every element beyond a reasonable doubt.
Basic (Non-Aggravated) Offence
The prosecution must prove that the defendant:
was the driver (or interfered with the vehicle’s operation)
operated a motor vehicle
on a road or road-related area (or another “place”)
in a manner that was objectively dangerous
Non-aggravated offences are usually heard in the Magistrates Court.
Aggravated Offence
In addition to the above, the prosecution must prove at least one aggravating circumstance, such as:
the driver was adversely affected by an intoxicating substance
excessive speeding
participation in a race or speed trial
a prior dangerous driving conviction
Aggravated offences must proceed to the District Court, and begins with a committal proceeding in the Magistrates Court. If you plead not guilty, the matter is decided by a judge and jury. If you plead guilty, sentencing is conducted by a District Court judge
Penalties For Dangerous Driving In Queensland
The penalties depend on whether the offence is aggravated and the seriousness of the conduct.
Maximum Penalties
Basic offence: Up to 3 years imprisonment
Aggravated offence: Up to 5 years imprisonment
If death or grievous bodily harm is caused: Up to 14 years imprisonment
Other Possible Penalties
A Court may also impose:
actual imprisonment, parole or suspended sentence
intensive Corrections Order
probation
community service
significant fines
There is also a minimum 6-month licence disqualification, with longer disqualifications common in serious cases.
The final outcome will always depend on the seriousness of the driving, whether anyone was injured, your criminal and traffic history and your personal circumstances
Possible Defences To A Dangerous Driving Charge
Facing a dangerous driving charge doesn’t automatically mean you have no options. There are a range of legal defences that may apply depending on the specific circumstances of your case.
Some potential defences may include:
mistake of fact
necessity or emergency
accident
duress or compulsion
self-defence or defence of others
automatism
mental health defences
It is essential to seek legal advice as early as possible. The right lawyer can review the evidence, assess whether any defences apply to your specific situation, and guide you on the best course of action. Acting quickly can help protect your driving record, reduce the risk of severe penalties, and ensure your rights are fully preserved throughout the legal process.
What Should You Do If Police Want To Speak To You?
If police want to speak with you regarding an allegation of dangerous driving, it’s important to know your rights and take careful steps. Acting appropriately can have a significant impact on the outcome of your matter.
Provide Only The Required Information
You are legally required to give your name, date of birth, and address, but you do not have to answer any other questions.
Do Not Participate In Interviews Or Make Statements
Avoid providing explanations or details to police before speaking with a lawyer. Anything you say can be used as evidence against you.
Request Legal Advice
Politely tell the police that you wish to speak with your lawyer before answering any questions.
Exercise Your Right To Contact Others
You have the right to call a lawyer, a friend or family member to assist you before any discussion with police.
A lawyer can guide you through the process, protect your rights, and help ensure that any interactions with police do not negatively affect your case.
How RHC Solicitors Can Help
At RHC Solicitors, we understand that many hard-working Queenslanders find themselves facing criminal charges. For whatever reason, our passionate criminal and court lawyers are ready to assist you.
While the law sets out maximum penalties, every matter is different. Courts must consider your individual circumstances, background and history before imposing a sentence. If you are being investigated or charged with Dangerous Operation of a Motor Vehicle, our experienced criminal defence team can advise you, protect your rights, and work toward the best possible outcome.
We offer a free 30 minute consultation for new clients so our lawyers can understand the charges, your unique situation and how we can assist you.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication is that of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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