Dangerous operation and careless driving charges

The two charges side by side

What "dangerous" actually means

Section 328A does not require you to have intended anything, and it does not require anyone to have been hurt. The test is objective: was the vehicle operated in a way that was dangerous to the public, having regard to all the circumstances including the nature and condition of the place, the amount of traffic and the hazards present.

That is a lower bar than most people expect. It is also a higher bar than carelessness. A momentary lapse of attention, a misjudged gap or a failure to see a stop sign is usually carelessness. A sustained course of driving, a high speed pursuit, driving heavily affected, or driving in a way that created a real risk to others is where the section bites.

The most common realistic outcome we work towards on a borderline file is a plea to careless driving instead of dangerous operation. That is a negotiation with police prosecutions or the Office of the Director of Public Prosecutions, and it depends entirely on what the evidence shows.

Where the matter will be heard, and whether you get a choice

Dangerous operation under section 328A(1) or (2) can be dealt with summarily in the Magistrates Court, but you may be able to elect a trial by jury in the District Court. That election changes the maximum penalty exposure and it should never be made without advice.

Dangerous operation causing death or grievous bodily harm under section 328A(4) is dealt with on indictment in the District Court. Those matters start with a committal, run for a year or more, and usually involve a crash reconstruction report, forensic evidence and often expert engineering evidence.

Careless driving is not a nothing charge

Careless driving is often treated as a fine to be paid and forgotten. Two things make that a mistake.

• Disqualification is available. A court can disqualify you for careless driving under section 187 of the Penalties and Sentences Act 1992 (Qld), and it does where the driving was bad or the history is poor.
• Where death or grievous bodily harm results, the maximum lifts to 80 penalty units or 1 year, and to 160 penalty units or 2 years where the driver was unlicensed. Courts impose actual custody in the worst of those cases.