Dangerous Operation of a Motor Vehicle
Dangerous Driving
Dangerous driving and traffic offences can lead to serious legal consequences, including fines, loss of license, and even imprisonment. If you are facing dangerous driving charges in Brisbane, Gold Coast, Logan or wider QLD, you need to have experienced traffic lawyers on your side to help you understand your rights and the process ahead.
Our team of expert dangerous driving lawyers specialise in defending clients against these more serious traffic offences, providing you with the legal guidance and support needed to navigate the complexities of Queensland laws. We work tirelessly to protect your rights and achieve the best possible outcome for your case.
Dangerous Driving & Traffic Law Services
While traffic offences range from minor speeding offences to more serious penalties, dangerous driving is a criminal offence with serious ramifications if convicted. In fact, the courts generally consider dangerous driving the most serious driving-related offence that a person can be charged with in Queensland, potentially carrying significant terms of imprisonment.
When you have been charged with drinking and dangerous driving offences, you need to seek proper advice and receive the appropriate legal representation throughout the coming process.
Offences & Penalties
We can’t recommend enough that you engage specialist Brisbane traffic lawyers to represent you in court regarding dangerous driving charges. The solicitors at Aitken Whyte Lawyers will ensure you have the best available legal representation and receive the most lenient outcome possible for your charge in accordance with QLD traffic laws.
For example, if a person is convicted of the offence without any ‘aggravating features’, they can face up to 3 years imprisonment. The person could face up to 5 years imprisonment, however, if, at the time of driving, they were:
- Adversely affected by alcohol or drugs
- Excessively speeding or taking part in a street race
- Previously convicted of a dangerous driving, drink driving, or drug driving offence
Dangerous Driving Causing Death or Grievous Bodily Harm
If dangerous driving causes death or grievous bodily harm to someone, the driver can face up to 10 years imprisonment. The maximum penalty is increased to 14 years if they were adversely affected by alcohol or drugs, excessively speeding, taking part in a street race, or if they left the scene of a crash before the police arrive.
If charged with dangerous operation causing death or grievous bodily harm, the matter will be finalised in the District Court as they are considered more serious, leading you to need representation from experienced traffic lawyers in Brisbane. Other less serious offences without the aggravating feature will be finalised in the Magistrates’ Court.
Imprisonment as Part of Penalty and Loss of Licence
If a person has been previously convicted of this offence while adversely affected by drugs or alcohol, or previously convicted of certain other driving offences, the Court must impose imprisonment as part of the penalty.
In addition to the penalty which the Court imposes for the offence, a person’s licence will be disqualified for at least 6 months. Depending on the circumstances of the offence itself, the persons own background and previous history, the disqualification period could be much longer than the 6 months.
A person is not able to apply for a work licence or special hardship licence during the disqualification period for these offences.
Recording of Convictions
When a person is found guilty or pleads guilty to an offence, they will be convicted of that offence.
Aitken Whyte Lawyers have significant success in persuading the Magistrates’ and Judges, where relevant, not to record the conviction. That can have important ramifications for you, as recording a conviction could prevent employment opportunities or overseas travel.
Dangerous Driving Charge
It is critically important that you do not speak with the Police before seeking the advice of a qualified criminal defence solicitor regarding a dangerous driving, drug driving or drink driving offence. Police may ask you questions designed to get you to admit to aspects of the traffic incident, such as the speed you were travelling or how affected by alcohol you felt, that they might otherwise not be able to prove against you.
While it is natural to want to cooperate in such a situation, it is critical to get advice first. You have the right to remain silent.
Suppose you have been charged with dangerous operation of a motor vehicle. In that case, it is important to seek qualified advice as to whether the prosecution can prove, beyond a reasonable doubt, each element of the charge against you. You may have a defence to the charge, or there may be a less serious driving-related charge that the prosecution should prefer against you, such as careless driving.
An expert dangerous driving lawyer in Brisbane or Logan can help you mount your best defence.
Other potential defences may be available to you, including that the driving was not dangerous or that the driving was for an emergency. Lapses in judgement or minor moments of inattention, however, can still result in a conviction for dangerous driving.
Consideration needs to be given to whether the act committed puts the public at risk beyond what drivers normally face.
Dangerous driving is a type 1 hooning offence. The vehicle the person was driving can be impounded for 90 days, and if it is a second or further offence, the vehicle could be impounded and forfeited to the state.
Suppose you are appearing before a Court to plead guilty to Dangerous Operation of a Motor Vehicle. In that case, you must have a qualified dangerous driving lawyer in Brisbane or Logan with you to put your best case forward and secure the most appropriate sentence.
If you or anyone you know needs advice about this or any other offence, contact Aitken Whyte Lawyers, qualified and experienced criminal lawyers, as soon as possible.
