Being charged with Dangerous Operation of a Vehicle in Queensland under s328A

What should I do?

Dangerous Operation is a “criminal” traffic offence, meaning it appears on your criminal history, not just your traffic history. You should:

1. Do not talk to the police: Police will often ask for your version of “how fast you were going” or “why you were weaving.” Admitting to a loss of concentration or speed is often all they need to secure a conviction.
2. Request a witness statement audit: Many dangerous driving charges are based on a single witness’s perception. A lawyer can audit these statements for inconsistencies or exaggerations.
3. Check for mechanical failure: If your car had a sudden mechanical failure (blown tyre, steering failure) that you were unaware of, this may provide a defence.
4. Prepare for mandatory disqualification: In Queensland, a conviction for dangerous operation carries a minimum 6-month license disqualification.¹ You cannot apply for a “Work License” for this offence.

What does it mean?

Under Section 328A of the Criminal Code 1899 (Qld), a person who operates a vehicle dangerously in any place is guilty of a crime.² “Dangerously” is an objective test: was the driving a danger to the public, having regard to all the circumstances, including the speed of the vehicle and the nature of the road?³

It is a more serious charge than “Careless Driving” (under the Transport Operations Act). A common legal strategy is to negotiate with the prosecution to have the charge downgraded to Careless Driving, which does not carry mandatory disqualification.

What are the penalties?

• Standard Offence: Up to 3 years imprisonment or 200 penalty units.⁴
• Aggravated Offence (Intoxication or Speed): Up to 5 years imprisonment.⁵
• Serious Offence (Causing Death/Grievous Bodily Harm): Up to 10 or 14 years imprisonment.⁶

License Disqualification: If convicted, the Magistrate must disqualify you from driving for at least 6 months. There is no discretion to let you keep your license for work purposes.

Facing a dangerous driving charge? Contact Bell & Senior today. We specialize in negotiating charge downgrades to protect your license and your record.