Facing charges of Dangerous Operation of a Motor Vehicle in Qld?
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Dangerous operation of a vehicle is a serious criminal offence in Queensland, dealt with under section 328A of the Criminal Code (Qld). Our Brisbane criminal defence lawyers have extensive experience defending serious and complex charges, including this offence.
The complexity of dangerous operation cases often comes down to the evidence relied on by police and prosecutors, which may include:
Accident reconstruction experts – to analyse speed, braking, road conditions, and the sequence of events.
Mechanical examinations – to check for defects, mechanical failure, or issues with the vehicle.
Eyewitness accounts – statements from people at the scene, which may be inconsistent or unreliable.
CCTV or dashcam footage – often used to reconstruct the incident or support or challenge witness versions.
Toxicology reports – if alcohol, prescription medication, or drugs are alleged to have contributed.
Identifying errors, inconsistencies, or weaknesses in this evidence can be critical to building a strong defence.
If you are charged, seeking legal advice early from an experienced criminal lawyer can make a difference to the outcome. Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.
FAQ - Keypoints Dangerous Operation of a Motor Vehicle charges in Qld
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Under section 328A of the Criminal Code (Qld), it is an offence to operate or interfere with a vehicle in a way that is dangerous to the public.
The court considers factors such as the condition of the vehicle, the place where the driving occurred, who or what was nearby, and whether alcohol or drugs were involved.
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The maximum penalty is 3 years’ imprisonment.
If there are aggravating features, such as intoxication, driving more than 40km/h over the speed limit, racing, leaving the scene, or repeat offending, the maximum penalty increases to 5 years’ imprisonment.
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If the offence results in death or grievous bodily harm, the maximum penalty increases to 14 years’ imprisonment.
It further increases to 20 years if aggravating factors are present, such as intoxication, excessive speeding, or leaving the scene.
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‘Dangerous’ is judged by what a competent and careful driver would do in the same situation.
It is not enough for the driving to simply show a lack of care; the prosecution must prove a serious breach of proper conduct on the road that is objectively dangerous, as seen through the eyes of a reasonable person (R v Jiminez (1992).
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For driving to be considered dangerous, there must be more than ordinary lapses in attention or minor mistakes. The behaviour must involve significant risk beyond what is typically expected while driving.
Factors such as drowsiness can make driving dangerous if the driver’s fatigue affects their ability to operate the vehicle safely.
However, if the driver involuntarily falls asleep, their actions may not amount to dangerous driving (R v Kuruvinakunnel (2012)).
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Prosecutors often rely on:
accident reconstruction reports
mechanical inspections of the vehicle
witness statements
CCTV or dashcam footage
blood or breath tests for alcohol and drugs
Careful analysis of this evidence is essential to identify weaknesses or inconsistencies.
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A defence may focus on whether the driving was objectively dangerous, or whether it was simply an error of judgment. Other strategies may involve challenging expert evidence, highlighting inconsistencies in witness accounts, or raising legal defences such as mistake of fact or involuntariness.
Facing serious charges in Qld?
If you or someone you know needs to speak with the best Brisbane criminal defence lawyer, contact Ashworth Lawyers today.
Call us on (07) 3012 6531 or fill in our Quick Enquiry form for a confidential discussion with our Brisbane criminal lawyers.