DANGEROUS OPERATION OF A MOTOR VEHICLE

In Queensland, dangerous operation of a motor vehicle is defined under section 328A of the Criminal Code Act 1899 (Qld). A person commits this offence if they operate, or interfere with the operation of, a vehicle dangerously in any place — meaning at a speed or in a manner that is dangerous to the public. Because this is a criminal offence, not just a traffic matter, a conviction can lead to a criminal record, mandatory licence disqualification, heavy fines, and even imprisonment.

If you are charged with dangerous operation of a motor vehicle in Queensland, you are facing a serious criminal offence — not just a traffic ticket. The law is designed to protect the public, and penalties can include losing your licence, a criminal record, and even jail. Getting legal advice early is critical.

In Queensland, dangerous operation of a motor vehicle under section 328A of the Criminal Code Act 1899 (Qld) covers driving that creates an unacceptable risk to the public. Courts assess the manner of driving, road and traffic conditions, and whether the driver was affected by alcohol or drugs.

Examples include:

• Excessive speeding – driving well above the limit, especially in built up or high risk areas.

• Drink or drug driving – operating a vehicle while adversely affected by alcohol or drugs.

• Street racing or unlawful speed trials – competing in races on public roads.

• Reckless manoeuvres – tailgating, swerving across lanes, ignoring traffic lights or stop signs.

• Distracted or fatigued driving – using a mobile phone, driving while extremely tired, or failing to pay attention to conditions.

• Boasting online – posting videos or photos of dangerous driving on social media to promote or advertise the behaviour.

Dangerous driving is not limited to high speed crashes — it includes any behaviour that puts the public at risk. If you are charged, you face a serious criminal offence with penalties that can include a criminal record, mandatory licence disqualification, heavy fines, and even imprisonment.

The offence of dangerous operation of a motor vehicle is treated as a serious criminal matter in Queensland. The penalties depend on the circumstances of the offence and whether aggravating factors are present.

Maximum Penalties under s 328A Criminal Code (Qld):

• Base offence – up to 200 penalty units (approx. $31,000) or 3 years’ imprisonment.

• Aggravated offence (alcohol, drugs, excessive speed, unlawful racing) – up to 400 penalty units (approx. $62,000) or 5 years’ imprisonment.

• Social media aggravation (posting about the offence online) – up to 400 penalty units or 5 years’ imprisonment.

• Causing death or grievous bodily harm – up to 10 years’ imprisonment.

• Causing death or grievous bodily harm with aggravating factors (alcohol, drugs, excessive speed, unlawful racing, or prior conviction) – up to 14 years’ imprisonment.

Licence Disqualification

• Every conviction carries mandatory licence disqualification.

• The minimum is 6 months, but courts often impose longer periods depending on the seriousness of the offence and your driving history.

If you are charged with dangerous operation of a motor vehicle in Queensland, you are facing penalties that range from fines and licence disqualification to lengthy prison terms of up to 14 years. This is a criminal offence — not just a traffic matter — and early legal advice is essential.

To convict you of dangerous operation of a motor vehicle, the prosecution must prove beyond reasonable doubt that:

• You operated, or interfered with the operation of, a motor vehicle;

• You did so dangerously — meaning at a speed or in a manner that created an unacceptable risk to the public; and

• It happened in any place, not just on a public road.

If aggravating factors are alleged, police must also prove that at the time of driving you were:

• Affected by alcohol or drugs, or

• Exceeding the speed limit by more than 40 km/h, or

• Taking part in an unlawful race or speed trial, or

• Posting about the offence on social media to promote or advertise the behaviour.

Dangerous driving causing death or grievous bodily harm (GBH, meaning a very serious injury) is the most serious form of this charge. It applies where the driving results in someone being killed or seriously injured. 

Penalties range from up to 10 years in prison, or up to 14 years if alcohol, drugs, excessive speed, racing, or a prior conviction are involved, along with mandatory licence disqualification.

The police must prove more than just that you were driving — they must show your driving was objectively dangerous to the public. If aggravating factors or serious harm are alleged, the prosecution must prove those elements as well. Because the consequences are so severe, strong legal representation is critical.

To convict you of dangerous operation of a motor vehicle in Queensland, the prosecution must prove beyond reasonable doubt that:

• You operated, or interfered with the operation of, a motor vehicle;

• You did so dangerously — meaning at a speed or in a manner that created an unacceptable risk to the public; and

• It happened in any place, not just on a road.

If the allegation is dangerous operation of a motor vehicle causing death or grievous bodily harm (GBH), the prosecution must also prove that you’re driving actually caused the death or serious injury.

If aggravating factors are alleged, police must also prove that at the time of driving you were:

• Affected by alcohol or drugs, or

• Exceeding the speed limit by more than 40 km/h, or

• Taking part in an unlawful race or speed trial, or

• Posting about the offence on social media to promote or advertise the behaviour.

Penalties:

• The base offence carries up to 3 years’ imprisonment.

• With aggravating factors, penalties increase to 5 years.

• If the offence involves causing death or GBH, the maximum penalty is 10 years’ imprisonment, or 14 years if aggravating factors are present.

• Every conviction also carries mandatory licence disqualification (minimum 6 months, often longer).

Dangerous operation of a motor vehicle is a serious criminal offence in Queensland. If it causes death or grievous bodily harm, penalties can reach up to 14 years in prison plus mandatory licence disqualification. The stakes are high — urgent legal advice is critical.

Facing a charge of dangerous operation of a motor vehicle in Queensland is not a minor traffic matter — it is a serious criminal offence under section 328A of the Criminal Code 1899 (Qld). The law is complex, the penalties are severe, and the consequences can be life changing.

Why legal advice is critical:

• Serious penalties – prison terms of up to 10 years, or up to 14 years if aggravating factors are present, plus mandatory licence disqualification.

• Complex legal tests – the prosecution must prove your driving was objectively “dangerous,” and if the charge is dangerous operation of a motor vehicle causing death or grievous bodily harm (GBH), they must also prove that you’re driving actually caused the death or the serious injury.

• Possible defences – your lawyer may argue that your driving was not legally “dangerous,” that a sudden emergency or mechanical failure caused the incident, or that the prosecution cannot prove you were the driver or that you’re driving directly caused the death or serious injury.

• Protecting your future – a conviction leaves you with a criminal record, affecting employment, travel, and personal reputation.

Dangerous operation of a motor vehicle is a serious criminal charge with harsh penalties. The law is not straightforward, and the stakes are high. Getting professional legal advice immediately is the best way to protect your rights, your licence, and your future.

Being charged with dangerous operation of a motor vehicle is confronting. It is a serious criminal offence under section 328A of the Criminal Code 1899 (Qld), carrying penalties of up to 14 years’ imprisonment and mandatory licence disqualification. Coral Coast Law is here to protect your rights and fight for the best possible outcome.

What we do for you:

• Immediate advice – explain the charge, what the prosecution must prove, and your options from the very start.

• Protect your rights – guide you through police interviews, advise you on bail (if it applies), and ensure you don’t make mistakes that could harm your case.

• Build your defence – examine whether your driving was legally “dangerous,” explore defences such as sudden emergency or mechanical failure, and challenge weak or unreliable evidence.

• Negotiate outcomes – where appropriate, work with prosecutors to reduce the charge (for example, from dangerous operation to careless driving).

• Court representation – appear for you in court, present strong arguments, and fight to minimise penalties.

• Safeguard your future – aim to reduce prison risk, shorten licence disqualification, and protect your criminal record, employment, and travel opportunities.

Coral Coast Law provides clear advice, strong defence strategies, and professional court representation. With penalties as high as 14 years in prison, getting professional help immediately is the best way to protect your rights, your licence, and your future.