Facing charges for dangerous driving?
The offence of dangerous driving, or dangerous operation of a motor vehicle is a very serious offence in Queensland and carries heavy penalties. This is because it is a criminal offence as well as a traffic offence. If you are convicted of dangerous driving the penalties are very severe and can amount to a 5-year prison sentence, a fine of up to $57,500* and a very long licence disqualification.
What kind of driving amounts to dangerous driving?
The type of driving that can amount to the charge of dangerous driving can happen to anyone. It can occur for a wide variety of things and the simplest mistake could see you facing charges of dangerous driving, for example: being distracted, falling asleep at the wheel, driving at excessive speed, failing to check properly before entering an intersection or making any unlawful turn. Usually a charge for dangerous driving will involve an accident, however this does not have to be the case.
What are the penalties?
Dangerous driving carries a mandatory licence disqualification period of 6 months, however this may be much longer depending on the circumstances of the offence and your traffic history. If you are charged with dangerous driving that did not involve any aggravating offences, the maximum prison sentence is 3 years and the maximum fine is $28,750*.
However, the penalties are more severe and may include up to a 5-year prison sentence and a fine of up to $57,500*, if at the time of the offending:
you were under the influence of drugs or alcohol; or
you were taking part in an unlawful race or unlawful speed testing or you were excessively speeding; or
you have been previously found guilty of a dangerous driving offence.
Dangerous driving is also classified as a type 1 hooning offence. This is the most serious hooning offence, and means that if you are found guilty you may face an order that the vehicle you were driving at the time be impounded or immobilised for 90 days.
What if I am charged with dangerous driving causing injury or death?
If you are charged with dangerous driving and a person or persons have been injured or killed as a result of an accident, you may be charged with dangerous driving causing injury or death. The penalties are even more severe for this and the maximum prison sentence you may face is up to 14 years.
What is my next move?
Prison is a real possibility for any offence of dangerous driving as are huge fines and a loss of your licence. Further, the legislation prohibits you from applying for a work licence or special hardship licence, therefore it is essential you obtain the lowest possible licence disqualification period. As such, it is critical you obtain legal representation as the legal issues are very complicated. At GC Crime Lawyers we understand that mistakes happen and will work to get you the best outcome possible. Contact our team on 1300 127 463 to discuss your circumstances with an experienced and understanding lawyer today.
*Penalty unit fines in the Queensland jurisdiction can be worked out by multiplying $143.75 by the number of penalty units, e.g., 400 penalty units is equivalent to 400 x 143.75 = $57,500.