Careless Driving vs Dangerous Operation of a Motor Vehicle

By Wiseman Lawyers Head of Crime Special Counsel Marshall Bostock

Phone: 0420102404

Email: marshall@wisemanlawyers.com.au

This article explains the difference between two serious driving offences in Queensland: careless driving and dangerous operation of a motor vehicle. Although they sound similar, the penalties and the seriousness of the conduct are quite different.

What is careless driving?

Careless driving is a summary offence under section 83 of the Transport Operations (Road Use Management) Act 1995 (Qld). In simple terms, police must allege that the driver was not taking proper care and attention, or was not showing reasonable consideration for other road users. The maximum penalty depends on what happened.

§  the driving causes another person’s death or grievous bodily harm (GBH), and the driver was unlicensed for that class of vehicle—160 penalty units or 2 years’ imprisonment; or

§  the driving causes another person’s death or GBH—80 penalty units or 1 year’s imprisonment; or

§  in any other case—40 penalty units or 6 months’ imprisonment.

If a person is convicted of careless driving, the court can also disqualify them from holding or obtaining a driver licence.

What is dangerous operation of a motor vehicle?

Dangerous operation of a motor vehicle is an indictable offence under section 328A of the Criminal Code (Qld). It is treated more seriously than careless driving, and the maximum penalty increases if there are circumstances of aggravation. For example, without a circumstance of aggravation, the maximum penalty is 200 penalty units or 3 years’ imprisonment. Circumstances of aggravation include where the driver:

§  is affected by an intoxicating substance, is excessively speeding, or has previously been convicted of dangerous operation—400 penalty units or 5 years’ imprisonment;

§  causes death or GBH—up to 14 years’ imprisonment; or

§  causes death or GBH while adversely affected by an intoxicating substance, excessively speeding, or taking part in an unlawful race—up to 20 years’ imprisonment.

For a person with no previous convictions, the minimum licence disqualification period for this offence is 6 months.

How do the Police decide what to charge with?

When deciding whether to charge careless driving or dangerous operation, police look closely at the driver’s conduct just before the incident. Careless driving usually involves a lower level of fault, such as momentary inattention. Dangerous operation is more serious and requires the prosecution to prove that the driving was dangerous in all the circumstances, for example during a high-speed pursuit or when a driver was speeding on wet roads while affected by alcohol.

Both offences can result in imprisonment, and the court may also order a period of driver licence disqualification.

If you have been charged or contacted by police

If you have been involved in an accident, it is sensible to get legal advice from one of our experts at Wiseman Lawyers before answering questions.

Similarly, if you have been charged with careless driving or dangerous operation, getting advice early from one of our experts at Wiseman Lawyers can help you understand your position and the options available to you.

If police ask you to participate in an interview, or if you have already been charged by police, contact Wiseman Lawyers on 0420102404 and ask to speak with Special Counsel Marshall Bostock before answering questions.

Alternatively, email Marshall directly at marshall@wisemanlawyers.com.au