It is fair to say that Queensland roads have never been as busy and congested as they are in current times. Further to this, the volume of high-powered motor vehicles on our roads that have an ability to accelerate quickly and drive at speed has also increased. This is the situation whether you reside in an urban centre or are based in a regional area. This being the case, the potential for traffic incidents to occur resulting in serious harm to individuals and major damage to property has inevitably compounded. As a consequence, a driver who drives dangerously or interferes with a motor vehicle in a dangerous manner can be charged with ‘dangerous operation of a motor vehicle’, and if found guilty can face heavy penalties.
According to the Criminal Code 1899, a person who operates, or in any way interferes with the operation of a motor vehicle in a dangerous manner can face a maximum penalty of over $25,000.00 in fines or three (3) years imprisonment. It is important to note that the ‘dangerous operation’ can occur in ‘any place’, including on sealed roads, within farm property and in State Forest Parks. However, an authorised race track is not defined as ‘any place’.
Further, there are circumstances of aggravation that can increase the maximum penalty upon an incident of ‘dangerous operation of a motor vehicle’. Aggravating factors include the driver being adversely affected by drugs or alcohol, the driver excessively speeding or taking part in an unlawful speed trial and the driver being previously convicted of the offence. The Criminal Code 1899 defines ‘excess speeding’ as driving or operating a motor vehicle more than 40km/h over the posted speed limit. In an incident where a circumstance of aggravation applies, the maximum penalty is further increased to over $50,000.00 in fines or 5 years imprisonment.
Importantly, if a person is killed or seriously injured due to the dangerous operation of a motor vehicle then the offender can face 10 years imprisonment. In the event where an aggravating circumstance is present such as being adversely affected by drugs or alcohol, then the offender will be liable for a maximum of 14 years imprisonment.
With respect to the offence of ‘dangerous operation of a motor vehicle’, it is our experience that Queensland Courts take a hard line with respect to the penalties imposed. This is particularly the case concerning repeat offenders and in an incident where an aggravating circumstance is present. It is expected that heavy fines, a lengthy driver’s license disqualification and a term of suspended or actual imprisonment will be imposed by the Court.
In summary, considering the increased volume of traffic on our roads, there is an unfortunate reality that the occurrence of serious and sometimes fatal motor vehicle accidents is also on the rise. This being the case, one most always be diligent when driving on our roads, particularly when driving at speed in regional areas and in poor weather and road conditions. The offence of ‘dangerous operation of a motor vehicle’ is taken extremely seriously by Queensland Courts who can and do impose heavy penalties upon individuals who engage in this type of behaviour.
If you are currently charged with this offence or a Criminal or Traffic charge of a similar nature, please contact our office to have a confidential discussion with one of our experienced lawyers who can provide you with accurate legal advice on your legal position and assist you with legal representation if required.
