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What the Law Says
Driving offences can extend beyond minor traffic infringements and may require proceedings in higher courts, particularly where serious harm or risk is involved. One of the most significant charges in this category is the Dangerous Operation of a Vehicle, governed by section 328A of the Criminal Code (Qld).
If you are convicted of dangerous driving, you may face up to 3 years imprisonment — but this penalty can substantially increase depending on the circumstances of the offence.
What is Considered Dangerous Driving?
Dangerous driving refers to operating a motor vehicle in a manner that is considered dangerous to the public, having regard to the conditions and circumstances at the time. This includes the nature of the vehicle, the location, and any hazards present.
Even a momentary lapse in judgment or reckless decision behind the wheel can lead to criminal charges — not just a traffic ticket.
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Aggravating Circumstances and Increased Penalties
Certain factors can escalate the severity of a dangerous driving charge under section 328A(2), increasing the maximum penalty to 5 years imprisonment. These aggravating circumstances include:
- Driving while under the influence of drugs or alcohol
- Excessive speeding
- Participating in a street race or unlawful speed trial
- Having a previous conviction for dangerous driving
A person convicted under this subsection is often required to serve part of the sentence in actual custody.
Dangerous Driving Causing Injury or Death
Under section 328A(4), if dangerous driving results in bodily harm or death, the maximum penalty rises to 10 years imprisonment. This increases to 14 years if:
- The driver was under the influence of drugs or alcohol
- The driver was excessively speeding or racing
- The driver fled the scene before police arrived (unless seeking medical help)
These are among the most serious driving-related offences in Queensland, and courts treat them accordingly.
Why You Need a Lawyer
A conviction for dangerous driving can have lifelong consequences — including imprisonment, loss of licence, and a permanent criminal record. It’s essential to have a criminal defence team experienced in superior court matters, particularly when aggravating factors or serious injury or death is involved.
Jones + Associates can represent you through every stage — from initial police interviews and bail applications to committal hearings, trial, and sentencing.
Get Us in Your Corner
If you or someone you care about is facing a serious driving charge, don’t delay. Early legal advice can make a critical difference to the outcome of your case.
Call Jones + Associates today on (07) 3229 3166 to speak with an expert criminal defence lawyer.
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