Dangerous driving

Section 328A of the Criminal Code (Qld) makes it an offence to dangerously operate a vehicle. Whether someone operates a vehicle dangerously requires consideration of, among other things:

  • The nature, condition and use of the place
  • The nature and condition of the vehicle
  • The concentration of alcohol or other substances in the operator’s body

The maximum penalty depends on the circumstances. Normally, the maximum penalty is 200 penalty units or 3 years imprisonment. If the offender is, at the time of the offence, adversely affected by an intoxicating substance, excessively speeding, taking part in an unlawful race or speed trial, or has been previously convicted for this offence, the maximum penalty is 400 penalty units or 5 years imprisonment. The court is required to impose imprisonment as part of the punishment upon conviction if the offender has been convicted of the offence twice, or once if the offender was adversely affected by an intoxicating substance.

If the offender causes the death or grievous bodily harm to another person, the maximum penalty is 10 years imprisonment. If, at the time, the offender is adversely affected by an intoxicating substance, is excessively speeding or taking part in an unlawful race or speed trial, the offender is liable to 14 years imprisonment. If the offender knows, or reasonably ought to have known, that the other person has been killed or injured, and the offender leaves the scene of the incident, other than to obtain medical or other help for the other person, before a police officer arrives, the offender is liable to 14 years imprisonment.

Robertson O’Gorman has extensive experience representing people charged with traffic offences. Call us today on 3034 0000.