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What is Dangerous Operation of a Vehicle? The Consequences of Dangerous Driving - Blog Article for Creevey Horrell Lawyers in Toowoomba, Roma, Brisbane and Townsville

It could only take a few moments of recklessness behind the wheel to cause irreversible damage. If you are caught driving dangerously in Queensland, you could face serious criminal charges and penalties.

What is Dangerous Operation of a Vehicle?

Dangerous operation of a vehicle describes the criminal offence, occurring when an individual operates a vehicle in a way that can cause death or serious harm (grievous bodily harm) to others. This may be through driving recklessly, speeding, driving under the influence of alcohol or drugs or other dangerous activities.

The Consequences

Outlined in the Criminal Code 1899 – Section 328A states:

(4) A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place and causes the death of or grievous bodily harm to another person commits a crime and is liable on conviction on indictment—

(a) to imprisonment for 10 years, if neither paragraph (b) nor (c) applies; or

(b) to imprisonment for 14 years if, at the time of committing the offence, the offender is—

(i) adversely affected by an intoxicating substance; or

(ii) excessively speeding; or

(iii) taking part in an unlawful race or unlawful speed trial; or

(c) to imprisonment for 14 years, if the offender knows, or ought reasonably know, the other person has been killed or injured, and the offender leaves the scene of the incident, other than to obtain medical or other help for the other person, before a police officer arrives.

What needs to be proved?

For dangerous operation of a vehicle to be charged, the prosecution must prove that:

  • You were the driver of a motor vehicle;

  • You were involved in an impact causing the death of another person; and

  • You were under the influence, were driving at a dangerous speed, or were driving in a dangerous manner.

Legal Guidance

Dangerous Operation of a Vehicle is a serious offence in Queensland, Australia.

If you happen to be faced with a dangerous driving charge, you must seek legal guidance from an experienced criminal lawyer as soon as possible.

An experienced criminal lawyer can help you better understand your rights, provide legal representation and potentially secure a better outcome.

Contact Creevey Horrell Lawyers

Your helping hand. Your guide. We will fight for you, no matter how big or small the matter. With honest, understandable advice we will always be by your side. We are here to help.

Reach out to us on our 24/7 Crime hotline on 1800-CRIMINAL-LAW (1800 2746 3529). No matter the time Creevey Horrell Crime and Misconduct team is always available for advice and help.

Areas of expertise:

• Traffic offences

• Criminal Defence

• Professional Misconduct

• Coronial Inquests

• Domestic Violence

• Drug Offences


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