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Traffic law advice

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Dangerous driving | Print |

 

Dangerous driving is a criminal offence.  It is referred to in section 328A of the Criminal Code as "Dangerous Operation of a vehicle".  Pursuant to section 328A(1) "a person who operates, or in any way intereferes with the operation of, a vehicle dangerously in any place commits a misdemeanour. 

 

The law also includes aggravating circumstances where:-

 

  • 1.  at the time there person was adversley affected by alcohol or drugs; or
  • 2.  at the time the person was excessively speeding or taking part in an unlawful race or speed
  •      trial; or
  • 3.  the person has previously been convicted for dangerous driving.


The maximum penalty for the offence is $4,000 or 5 years imprisonment.

 

In addition to the criminal penalty the offence is also dealt with in the Transport Operations (Road Use Management) Act 1995.  Section 86(3) provides that a person convicted of Dangerous Drive will be lialbe to be disqualified from holding or obtaining a Queensland driver's license of 6 months from the date of conviction.  If the person has previous convictions for Dangerous Driving or Drink Driving in the past five years there are additional periods of disqualification      

 

If you are charged with Dangerous Driving with circumstances of aggravation your driver's license will be immediately suspended from the moment you are charge by the police.  If you require a driver's license to continue to do you job you should see legal advice to determine whether you may be eligible to get your driver's license back before your case is heard in Court and you are ultimately disqualified by the Court from holding or obtaining a Queensland driver's license.  

 

If the person is also intoxicated there can be further liability for a maximum fine of $600 or 18 months imprisonment.  If there is a situation of multiple offending against the section the Court may impose mandatory imprisonment. 

 

 

 

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