Dangerous Driving and Careless Driving
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Dangerous driving is considered to be one of the most serious traffic offences in Queensland and as such, can result in some of the harshest penalties. Whilst the charge of careless driving is less serious, it also can carry significant periods of licence disqualification and fines. Typically, if you are involved in a serious accident or believed to have been negligent and have caused serious injury to someone or property, then you will likely be charged with either dangerous or careless driving. Though these charges often are as a result of causing an accident, they can also be given out in circumstances where no accident has occurred or damaged caused. In these circumstances, the Police must be satisfied that you drove dangerously or without reasonable consideration for other road users or due care and attention. An example where you could be charged with careless driving would be if you were to fail to give way at a give way sign.
Road or Elsewhere
Whilst many traffic offences require that the offence be committed on a road, you can be charged with driving without due care and attention or driving dangerously if you are driving a motor vehicle on a road or elsewhere. As such, you can be charged with this even if it is alleged you were driving without due care or attention or dangerously on private property.
Driving without Due Care and Attention/Careless Driving
If the Police consider that you have been driving without the due care and attention they would expect of a reasonable driver, you can be charged with driving without due care and attention or careless driving. The charge of driving without due care and attention can often be given in conjunction with further traffic offences. For example, if you were to tailgate the car in front of you and crash into it when it suddenly stops, you could be charged with both driving without due care and attention as well as the traffic offence of follow too closely.
Should you be charged with driving without due care and attention, as your traffic lawyers, our job is to get as much information from you or potential witnesses as possible that might show that you weren’t operating the vehicle dangerously, you were driving in that manner out of necessity or that you have been wrongly identified as the driver.
The simplicitor charge can carry with it terms of imprisonment up to six months as well as potentially significant periods of disqualification depending upon the circumstances of your charge. If a person was injured or died as a result of your careless driving, the term of maximum imprisonment is increased to one year if you held a valid drivers licence at the time of the offence or two years if unlicensed in addition to potentially significant periods of disqualification.
Dangerous Driving
In proving a case of dangerous driving, the Prosecution does not need to prove that you intended or meant to drive dangerously, rather that you simply did drive in a manner which was dangerous. This being that the manner of driving has caused either the occupants of the vehicle, other road users, cyclists, or pedestrians to be at risk. This risk must be above that which is ordinarily present from the normal operation of a motor vehicle.
Dangerous driving is the more serious (compared to “driving without due care and attention”) and has a maximum penalty of up to 14 years’ imprisonment depending on your circumstances. The outcome of your matter is going to depend on several factors: your driving history, the road conditions, the behaviour of others on the road, and anything else that might have impacted on your ability to safely drive the vehicle.
In any case, our job as your traffic lawyers is to get as much information from you or potential witnesses as possible that might show that you weren’t operating the vehicle dangerously, you were driving in that manner out of necessity or that you have been wrongly identified as the driver. Should any of these defences be applicable to your matter, we will engage with Prosecution on your behalf to discuss your matter.
Dangerous Driving
In proving a case of dangerous driving, the Prosecution does not need to prove that you intended or meant to drive dangerously, rather that you simply did drive in a manner which was dangerous. This being that the manner of driving has caused either the occupants of the vehicle, other road users, cyclists, or pedestrians to be at risk. This risk must be above that which is ordinarily present from the normal operation of a motor vehicle.
Dangerous driving is the more serious (compared to “driving without due care and attention”) and has a maximum penalty of up to 14 years’ imprisonment depending on your circumstances. The outcome of your matter is going to depend on several factors: your driving history, the road conditions, the behaviour of others on the road, and anything else that might have impacted on your ability to safely drive the vehicle.
In any case, our job as your traffic lawyers is to get as much information from you or potential witnesses as possible that might show that you weren’t operating the vehicle dangerously, you were driving in that manner out of necessity or that you have been wrongly identified as the driver. Should any of these defences be applicable to your matter, we will engage with Prosecution on your behalf to discuss your matter.
Information on Charges
The table on the Dangerous Driving Charges Page can provide a general indication of the sentence outcomes and related information for a first time offender on an open license.
Dangerous Driving FAQs
Will my vehicle be impounded or confiscated?
Whether you are charged with driving without due car and attention or dangerous driving, as hooning offences, you may also be at risk of having your vehicle impounded for 90 days or even confiscated for second time offenders. In order to have the best chance at successfully avoiding the impoundment or confiscation of your vehicle, TWC Lawyers can assist you to prepare your matter and represent you in Court.
Am I eligible for a work licence or special hardship licence application?
Those charged with driving without due care and attention, or dangerous driving are not eligible to apply for either a work licence or special hardship order. As a result of this, it is imperative that when dealing with your charge, that you engage legal representation to fully understand the potential outcomes prior to you stepping in the Courtroom and to ensure that you receive the lowest possible sentence for your circumstances.
I have served my period of mandatory disqualification I received as a result of my charge, can I drive right away?
Once you have served the period of licence disqualification which was ordered by the Court, you must first reapply for your licence at Queensland Transport. If you do not do so, and decide to drive anyway, you can be charged further with driving unlicenced and will be required to serve additional periods of licence disqualification on top of that which you have just completed
Don't take your chances! Contact the experts.
Given the seriousness of these consequences, we recommend that you engage an experienced traffic lawyer in order to provide you with advice on the best way to progress your matter, advocate for you in Court, and get you the best possible outcome.