Reckless, negligent, or dangerous driving is a serious offence in Queensland, especially when it causes death or grievous bodily harm. That’s because one reckless decision behind the wheel can change your life—or others’—forever.
Negligent driving behaviours occasioning grievous bodily harm or death are very serious charges that have significant penalties, including prison time and a permanent criminal conviction.
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What is Reckless and Dangerous Driving of a Motor Vehicle?
Section 328A of the Criminal Code Act 1899 says that dangerous driving of a motor vehicle is a serious crime in Queensland. This offence involves driving a vehicle in a manner that risks the safety of other road users, and not just on public roads – any road at any time.
The law examines the driver’s mental state and the level of risk to determine if the person was driving in a dangerous manner.
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The Legal Standard for Dangerous Driving
Unlike minor traffic infractions that can lead to demerit points and fines, dangerous driving is considered a serious offence under the QLD criminal justice system. The law views it as quite different from negligent driving offences because it requires proof of a much higher degree of recklessness and carries harsher penalties for putting other road users at significant risk of injury or death.
QLD law requires proof that the accused operated their vehicle in a manner dangerous to the public, having regard to all the circumstances, including:
- The speed of the vehicle
- The condition and nature of the road
- Traffic conditions at the time
- Weather conditions
- The condition of the vehicle itself
Courts look for conduct that reasonable drivers would immediately recognise as posing an obvious and serious risk to other drivers and road users.
Dangerous Driving vs Negligent Driving
There are different levels of driving offences under Queensland criminal law
A negligent driving offence (also called careless driving) happens when a driver fails to take reasonable care but may not have intended or foreseen the full risk.
- This might involve a momentary lapse in attention or a single error in judgement.
- It is driving behaviour that falls below that standard of care exercised by a reasonable person considering the circumstances.
- QLD law requires that a person must not drive a motor vehicle on a road negligently, and doing so can result in penalties.
A dangerous driving offence requires a much higher threshold for proof—conduct that demonstrates substantial disregard for safety or creates risks that any competent driver would recognise as dangerous. In such cases, the prosecution must prove beyond a reasonable doubt that the accused drove in a dangerous or negligent manner, not just carelessly.
Common Examples of Dangerous Driving
Circumstances that are generally recognised as dangerous driving include the following:
- Excessive speeding, particularly at speeds hazardous to other road users
- Aggressive weaving through traffic while substantially impaired
- Running red lights or ignoring traffic signals
- Racing or engaging in speed trials on public roads
- Driving while heavily under the influence of intoxicating liquor or drugs
- Fleeing from police in a manner involving substantial risk
- Wilfully causing a motor vehicle to lose traction with the road
Legal Framework and Statutory Provisions
Dangerous driving offences in QLD are governed by section 328A of the Criminal Code Act 1899, as well as relevant provisions of the Road Transport Acts.
The Four Main Categories
Under the Queensland Transport Operations (Road Use Management) Act 1995, there are four distinct categories of dangerous driving offences:
- General dangerous operation of a motor vehicle
- Dangerous driving causing grievous bodily harm
- Dangerous operation causing death
- Aggravated dangerous driving (the most serious form of the offence, where aggravating factors such as intoxication, reckless behaviour, or causing death are present)
Related offences include:
- Conduct endangering life—including the foetus of a pregnant woman
- Conduct endangering a person
- Evading police
- Dangerous or negligent driving while pursued by police
Additionally, negligent driving causing death is a separate offence under Section 83, with its own legal consequences and penalties.
What the Prosecution Must Prove
To secure a conviction for any dangerous driving offence, public prosecutions must establish beyond reasonable doubt:
- The accused person was driving a motor vehicle involved in an impact
- At the time of driving, their manner of operation was dangerous to the public
- The dangerous driving caused the death, grievous bodily harm, or other specified harm to another person
- Any aggravating circumstances (for aggravated offences)
Public prosecutors are responsible for proving the accused person’s guilt beyond a reasonable doubt.
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Types of Dangerous Driving Offences
The seriousness of a dangerous driving charge depends on what happened and if other factors made the situation worse. As a result, aggravated dangerous driving carries higher penalties for wilful behaviour such as:
- Drunk driving
- Reckless driving
- Causing death or grievous bodily harm
Dangerous Driving Occasioning Death or Bodily Harm
Driving occasioning grievous bodily harm or death represents the most serious form of the offence, carrying maximum penalties of:
- 14 years imprisonment for standard cases
- 20 years’ imprisonment when aggravating factors are present
- Other penalties include loss of licence, significant fines and community service orders
In Queensland, the prosecutor must prove that the driver’s behaviour was a substantial cause of death, regardless of other contributing factors. Furthermore, dangerous driving charges can still succeed if the accused’s conduct was a significant contributing factor, even where other factors contribute, such as:
- The victim’s own conduct
- Or vehicle mechanical failure
What is Considered Grevious Bodily Harm?
Grievous bodily harm refers to permanent or serious disfigurement and includes broken bones, burns, or scarring through dangerous vehicle operation. Grievous bodily harm includes:
- Permanent or serious disfigurement or scarring
- Loss of a distinct part of the body
- Serious injury to any part of the body
- Broken bones requiring significant medical treatment
Injury to a pregnant woman that results in the loss of a foetus is treated as a particularly serious form of bodily injury and can lead to increased penalties.
Careless and Negligent Driving Penalties
Negligent driving penalties (also known as careless driving, or driving without due care and attention) can impose maximum penalties of:
- 40 penalty units
- Fine of approximately $6,676
- 6 months imprisonment
- 6 months loss of licence
If charged with negligent driving causing death or grievous bodily harm, the police can suspend and confiscate your licence immediately within 48 hours.
Basic Dangerous Driving
Even where no death or serious injury occurs, dangerous driving itself carries significant penalties:
- Up to 3 years imprisonment
- 200 penalty units and a large fine
- Driver’s licence disqualification
- Criminal conviction
Aggravating Factors that Increase Penalties
Penalties generally increase when there are aggravating factors such as:
- A higher degree of negligence will probably lead to a stricter penalty.
- The court will examine the incident’s circumstances, including location, speed, and other contributing factors.
- Driving without a licence while engaged in negligent driving can result in harsher penalties, especially if there is a death or serious injury.
- If the driver has prior traffic offences, they usually receive higher penalties.
Queensland laws clearly spell out the situations that change dangerous driving into an aggravated incident.
Excessive Speeding: Driving more than 40 km/h above the posted speed limit automatically constitutes an aggravating factor.
Police Pursuit: Escaping or attempting to escape police pursuit demonstrates particular disregard for public safety.
Substantial Impairment: Driving while substantially impaired by alcohol or drugs represents a core aggravating factor. This includes:
- Blood alcohol levels above prescribed limits
- Presence of prohibited drugs in the system
- Observable impairment affecting driving ability
Racing and Speed Trials: Conducting speed trials or racing on public roads inherently creates substantial risk to other users of the road transport network.
Factors That Impact Sentencing
Length of Journey and Risk Exposure
Courts consider how long the dangerous driving continued and how many other road users were placed at risk. A brief moment of poor judgement receives different treatment than sustained reckless driving over several kilometres.
Prior Driving Record
Previous driving offences, particularly any prior dangerous or negligent driving offences, significantly influence sentencing. That’s because having a driver’s licence is a privilege, so if you break the rules, you will pay the price. First offence situations may have more lenient treatment, while subsequent offence cases often face higher penalties.
General Deterrence
The courts consistently emphasise general deterrence—sending a message to the community that dangerous driving will not be tolerated. This factor often outweighs individual circumstances in severe cases.
Victim Impact
The severity of victim injury directly affects penalty determination. Cases involving death naturally attract the highest sentences, while serious injury cases generally fall somewhere between fatal and non-injury dangerous driving.
Licence Disqualification and Suspension
Conviction for dangerous driving triggers automatic and mandatory consequences for driving privileges that often exceed the period of any imprisonment imposed.
Mandatory Disqualification Periods
Every dangerous driving conviction results in a licence suspension that cannot be wholly suspended. The disqualification period typically exceeds the length of imprisonment.
Immediate Suspension Powers
Police have statutory authority to suspend licences immediately—within 48 hours of charging someone with dangerous driving.
As a result, alleged dangerous drivers are removed from Queensland roads while awaiting trial.
Court Discretion in Disqualification
While disqualification periods are largely mandatory, courts retain some discretion to:
- Extend disqualification periods beyond the standard minimums
- In exceptional circumstances, reduce automatic periods (though this is rare)
- Consider the totality of circumstances affecting the offender
However, protection of the public and general deterrence typically weighs heavily against leniency in disqualification decisions.
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Failure to Stop and Assist Offences
The legal obligations don’t end when a dangerous or negligent driving incident occurs. When a car crash in Queensland causes a death or grievous bodily harm, the driver involved faces strict legal duties.
Legal Obligations After Crashes
Following any incident causing death or serious injury, drivers must:
- Stop at the scene immediately
- Render reasonable assistance to injured persons
- Call emergency services where appropriate
- Provide accurate details to police and other parties
- Remain available for police investigation
Separate Penalties for Failing to Stop
Failure to stop and assist is a separate offence with its own severe penalties:
- General Failure: One year in prison or a fine of up to 20 penalty units (about $2,669) may be imposed for failing to stop at the scene of the accident.
- Callous Disregard: A court can order a period in prison for a driver who displays “callous disregard” for the needs of an injured person.
- Serious Injuries or Death: The penalties will be significantly higher when the accident results in serious injuries or a fatality.
Defining “Reasonable Assistance”
Courts expect drivers to assist according to their abilities and the circumstances. This typically includes:
- Calling emergency vehicles
- Staying with injured persons until help arrives
- Avoiding actions that could worsen injuries
- Not obstructing emergency response efforts
Defences and Legal Strategies
In a dangerous driving case, the prosecution must prove the following:
- The driver’s actions directly contributed to the accident
- The driver failed to demonstrate the standard of care expected from a prudent driver in a similar situation.
Witness statements can be valuable in defending against negligent driving charges, especially in cases of conflicting accounts. Furthermore, the court may consider mitigating circumstances, such as the driver’s youth or lack of prior convictions, when determining the outcome.
Another strategy involves pleading guilty to the offence. An admission can show the court that you are sorry for what happened and can result in a reduced penalty. This tactic can help with serious charges like negligent driving resulting in grievous bodily harm or death.
Challenging the Dangerousness Element
A common defence strategy is to argue that the driver was not negligent, based on the circumstances surrounding the incident. In other words, although the driver may have been careless, their actions did not meet the legal standard for being considered “dangerous to the public.” This involves examining:
- Whether the conduct truly represented a significant departure from reasonable driving standards
- If the risk created was substantial rather than minimal
- Whether an ordinary prudent driver would have recognised the danger
Other Common Defences
Disputing Causation: The defence may challenge whether the driving actually caused the death or grievous bodily harm. Relevant factors include:
- Pre-existing medical conditions of victims
- Mechanical failures of crashed vehicles
- Actions of other drivers or road users
- Environmental factors like fallen loads or weather conditions
Momentary Inattention: This defence could reduce dangerous driving charges to a negligent driving offence. This defence requires demonstrating:
- The dangerous conduct lasted only seconds
- It resulted from inadvertence rather than reckless disregard
- The driver’s overall manner of driving wasn’t dangerous
Negotiating Charges: Experienced criminal lawyers may negotiate for:
- Reduction from dangerous driving to negligent driving occasioning death or negligent driving occasioning GBH
- Withdrawal of aggravated charges in favour of standard dangerous driving
- Alternative charges that don’t carry mandatory disqualification periods
Advice from Criminal Lawyers for Negligent Driving Offences
Evidence and case preparation by experienced criminal lawyers can help achieve the best results in negligent driving cases. A successful defence can result in no conviction for negligent driving charges, meaning no criminal record. Experienced criminal lawyers specialising in traffic offences can:
- Examine prosecution evidence for weaknesses in forensic reports, witness statements, or technical evidence
- Challenge the admissibility of evidence obtained improperly or without proper procedures
- Negotiate with prosecutors for reduced charges or alternative resolutions
- Present compelling mitigation evidence to minimise sentences
- Protect against self-incrimination during police interviews
Many criminal lawyers offer round-the-clock consultation services, because negligent driving charges can arise from unexpected incidents at any time.
Most experienced traffic law firms provide free initial consultations to assess cases and explain available options.
Negligent and Reckless Driving FAQs
What is considered dangerous driving in Australia?
If you drive a car in a way that endangers others, regardless of the situation, you are likely breaking the law in Australia by dangerous driving. Examples include:
- Excessive speeding
- Tailgating
- Driving under the influence
- Deliberate disregard for safety
- Weaving between traffic
- Cutting off other drivers
What does furious driving mean?
An act of furious driving threatens the life or welfare of another road user, whether they are a passenger or another driver.
What is the difference between culpable driving and dangerous driving causing death?
Dangerous and culpable driving are two different offences in Victoria, but both involve driving occasioning death and have similar sentencing procedures. The difference lies in the level of proof required for a conviction:
- Culpable driving requires proof of recklessness or negligence, or driving under the influence
- While dangerous driving focuses on the actual driving behaviour
