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Dangerous driving · Cairns & Far North QLD

Dangerous driving lawyer in Cairns

Dangerous driving is a criminal offence, and a conviction takes your licence. How serious the charge is depends on the circumstances alleged. Talk to Joseph Rahim about the charge you are facing.

Free, confidential first consultation. No obligation.

A car stopped on the verge of a wet rainforest range road after skidding, with the shaken driver beside it
The charge

What dangerous driving means in Queensland

Dangerous operation of a motor vehicle is an offence under the Criminal Code Act 1899 (Qld). The prosecution has to prove you were operating the vehicle, that the driving was dangerous, and that it happened in a place. It is usually dealt with in the Magistrates Court; the most serious versions go to a higher court.

What “dangerous” means

Driving at a speed or in a way that is dangerous to the public, having regard to all the circumstances. It is judged objectively, and it takes a serious breach of the proper management of the vehicle. A mere lapse of care is not enough.

“Operating” covers more than speed: keeping a lookout, turning, slowing and stopping are all part of it.

What can make it more serious

  • being adversely affected by alcohol or a drug
  • excessive speeding, or an unlawful race or speed trial
  • advertising the driving on social media
  • a previous conviction for the offence
  • the driving causing death or grievous bodily harm

From 1 March 2027. A new Queensland law replaces this offence with a new offence of driving a motor vehicle dangerously, with a wider list of aggravating circumstances, including committing a police evasion offence and driving while disqualified or suspended. Offences committed before that date are still dealt with under the existing law. If your driving happened close to that date, ask which law applies to you.

Start a conversation

Where are you at?

Pick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.

Your licence

What happens to my licence?

This is often the first thing people ask about, and the rules leave less room than many expect.

  • Licence after a convictionYou are disqualified by the conviction itself, whatever other sentence is imposed.
  • A work licence for dangerous drivingQueensland Government guidance does not provide a work licence for this disqualification, and a dangerous driving conviction rules you out of a work licence for five years.
  • A special hardship orderNot available if you have been convicted of operating a vehicle dangerously in the previous five years.

Because of this, how the charge is defended and what is put to the court about you both carry a lot of weight.

Not the same charge

Dangerous driving or careless driving?

The two are often confused, and the difference is significant.

Dangerous operation of a vehicle

  • an offence under the Criminal Code
  • needs a serious breach of the proper management of the vehicle
  • disqualification follows a conviction automatically

Careless driving

  • an offence under the Transport Operations (Road Use Management) Act 1995 (Qld)
  • driving without due care and attention, or without reasonable consideration for other road users
  • disqualification is up to the court, not automatic
Things to avoid

“I didn’t mean it” is not a defence

No particular state of mind is needed. The driving is judged objectively, so what you intended does not decide whether it was dangerous.

The offence is not limited to roads

The offence applies in any place, not just on a road. The only exception is a place lawfully used, under a licence, for racing or testing with other traffic excluded.

How Joseph helps

One lawyer, from your first call to the end of your matter

Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph

When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.

  • He goes through the police allegations with you and tells you exactly what you are charged with, including any aggravating circumstance.
  • He looks at whether the alleged driving meets the test for dangerous driving, or whether a lesser charge such as careless driving is the right one.
  • He gets the evidence, such as dashcam, CCTV and witness material, reviewed before your court date.
  • He represents you in court and puts your circumstances properly.
  • He tells you plainly what a conviction would mean for your licence and your work.
Talk to Joseph
Joseph Rahim, Principal of Coral Coast Law
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Questions

Dangerous driving questions

Will I lose my licence for dangerous driving?

If you are convicted, yes. Disqualification follows the conviction automatically.

Can I get a work licence for dangerous driving?

Queensland Government guidance does not provide one for this disqualification, and a dangerous driving conviction rules you out of a work licence for five years.

Does it have to happen on a road?

No. It can happen in any place, apart from a licensed racing or testing venue with other traffic excluded.

Do the police have to prove I meant to drive dangerously?

No. The driving is judged objectively, so no particular intention has to be proved.

Is dangerous driving a criminal offence?

Yes. It is an offence under the Criminal Code, usually dealt with in the Magistrates Court.

Is the first consultation free?

Yes. It is free, confidential and comes with no obligation.

Didn’t see your question? Ask it in chat.

Talk to Joseph before your court date

The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.

0447 028 080

Free, confidential first consultation.

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This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.