Dangerous Operation of a Motor Vehicle Cairns
A dangerous driving charge in Queensland is not a traffic fine. It is a serious criminal offence under the Criminal Code Act 1899 (Qld) that can result in imprisonment, a permanent criminal record, and mandatory licence disqualification with no access to a work or hardship licence. If you are facing dangerous driving charges in Cairns, Mansia Bovey & Company Lawyers defend clients across Cairns and Far North Queensland. Call us before you speak to police.
What Is a Dangerous Operation of a Motor Vehicle?
Dangerous operation of a motor vehicle is a criminal offence under section 328A of the Criminal Code Act 1899 (Qld). It is not a traffic infringement. It is not a careless driving charge dealt with by way of a fine. It is a criminal charge prosecuted in court that can result in imprisonment and a permanent criminal record.
The offence occurs when a person operates a motor vehicle dangerously, having regard to all the circumstances including the nature and condition of the place, the condition of the vehicle, and the amount of traffic at the time. You do not need to have caused an accident to be charged. Driving behaviour that creates a serious risk to others is sufficient.
It is important to understand what sets this charge apart. A conviction for dangerous operation cannot be offset by a work licence or special hardship licence. Disqualification is mandatory and absolute. This makes the charge fundamentally different from other driving matters and makes early legal advice essential.
For broader criminal defence representation, see our criminal lawyers page.
What the Prosecution Has to Establish
To secure a conviction, the prosecution must prove the following elements beyond reasonable doubt:
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Example:
| Element | What It Means |
|---|---|
| You operated a motor vehicle | You were driving or in control of the vehicle at the relevant time. |
| The operation was dangerous | The manner of driving created a real risk of danger to another person or property, assessed objectively by what a competent and careful driver would have done in the same circumstances. |
| Circumstances of aggravation (if charged) | Where an aggravated offence is alleged, the prosecution must prove the specific aggravating factor, such as intoxication, excessive speed, unlawful racing, or causing death or grievous bodily harm. |
What Are the Penalties?
Section 328A operates on a tiered penalty structure following amendments introduced by the Queensland Community Safety Act 2024. The penalties are:
| Offence | Maximum Penalty |
|---|---|
| Base offence (dangerous operation) | 3 years imprisonment |
| Publishing the conduct on social media | 5 years imprisonment |
| Circumstances of aggravation (intoxication, excessive speeding over 40km/h, unlawful racing, prior conviction) | 5 years imprisonment |
| Causing death or grievous bodily harm | 14 years imprisonment |
| Causing death or GBH with intoxication, excessive speed, racing, leaving the scene, or evading police | 20 years imprisonment |
A conviction for dangerous operation results in mandatory licence disqualification. Unlike other driving matters, no work licence or special hardship licence is available. If you depend on your licence for your livelihood, this makes the charge even more serious and defending it effectively even more important.
Note: The 2024 amendments also created a separate standalone offence for posting footage of dangerous driving on social media. Deleting a post after the fact does not undo the offence. If you have posted or been tagged in footage related to a dangerous driving incident, speak to a lawyer before doing anything with that content.
How We Defend Dangerous Driving Charges
| What We Examine | Why It Matters |
|---|---|
| Whether the driving was actually dangerous | Not all poor or aggressive driving meets the legal threshold. The test is objective: would a competent and careful driver have driven that way in those circumstances? We examine the specific conduct alleged and whether it actually created a real risk. |
| The circumstances at the time | Road conditions, visibility, traffic, and the nature of the location are all relevant. Circumstances that reduce the apparent danger can be central to the defence. |
| Whether the charge can be downgraded | A negotiated reduction from dangerous operation to the less serious careless driving charge avoids a criminal conviction and keeps licence options open. We explore this where the evidence supports it. |
| Whether circumstances of aggravation are proven | Where aggravated charges are alleged, we examine whether the prosecution can prove each specific element, such as intoxication levels or whether speed exceeded the 40km/h threshold. |
| Whether your rights were observed | Improper breath or drug testing procedures, or issues with how police attended or conducted any pursuit, can affect the evidence. We examine all of that in full. |
Charged With Dangerous Driving in Cairns? Call Now.
This is a criminal charge with criminal consequences, including mandatory licence disqualification with no work licence option. The earlier you get legal advice, the more options you have. Mansia Bovey & Company Lawyers are available 24 hours a day, 7 days a week.
Frequently Asked Questions
Q. 1 : Is dangerous driving a criminal offence or a traffic offence in Queensland?
Dangerous operation of a motor vehicle is a criminal offence under section 328A of the Criminal Code Act 1899 (Qld), not a traffic infringement. It is prosecuted in court, appears on your criminal record, and can result in imprisonment. This is fundamentally different from careless driving or speeding, which are dealt with under traffic legislation. If you have been charged under section 328A, you need criminal defence representation.
Q. 2 : What is the difference between dangerous driving and careless driving?
Careless driving is a traffic offence under the Transport Operations (Road Use Management) Act 1995 (Qld) and typically results in a fine. Dangerous operation is a criminal offence requiring proof the driving created a real risk of danger to persons or property, assessed by what a competent and careful driver would have done. The threshold is significantly higher, the consequences significantly more serious, and the matter is dealt with in the criminal courts.
Q. 3 : Can I get a work or hardship licence if I am disqualified for dangerous driving?
No. A conviction for dangerous operation of a motor vehicle results in mandatory disqualification, and no work licence or special hardship licence is available for this offence. This is one of the most significant consequences of the charge for people who depend on their licence for work. It makes avoiding a conviction, or negotiating a reduction to a lesser charge, critically important.
Q. 4 : What if I posted a video of the incident on social media?
Following the Queensland Community Safety Act 2024 amendments, publishing footage of dangerous driving on a social media platform is now a standalone criminal offence under section 328A, carrying a maximum of 5 years imprisonment. Deleting the post after the fact does not undo the offence. If you have posted or been tagged in relevant footage, contact us immediately before taking any action in relation to that content.
Q. 5 : What happens if someone was killed or injured?
Where a person is killed or grievous bodily harm is caused, the maximum penalty increases to 14 years imprisonment, or up to 20 years where aggravating factors such as intoxication, excessive speed, or evading police are also present. These matters are heard in the District or Supreme Court and require urgent and thorough criminal defence representation from the earliest stages.
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