Defending Dangerous and Careless Driving Charges.
Put your worries to rest knowing you are defended by Donnelly Law Group – specialist traffic lawyers with 50+ years of combined experience fighting dangerous driving charges in Queensland.
On a daily basis, we help people attain the best possible outcome in their dangerous driving matters – helping them get their licence and livelihood back sooner. Regardless of whether you have been charged with dangerous driving, careless driving, or any other hooning offence, we have experience defending your case.
Our traffic lawyers have built a proven track record by combining personal support with legal expertise. We get to know you personally so that we can provide advice on the practical steps and driver programs you need to undertake for a winning chance in court. This relationship also gives us the insight we need to tailor your personalised defence strategy – one that takes full advantage of your case’s unique evidence and mitigating factors for the best possible result.
Our Lawyers Specialise in Dangerous Driving Offences
- Drug Possession
- Operate Vehicle Dangerously
- Interfere with Operation of Vehicle Dangerously
- Dangerous Driving While Affected by Alcohol or Drugs
- Excessive Speeding
- Speed Racing (Drag Racing)
- Repeat Dangerous Driving Offences
- Dangerous Driving Resulting in Grievous Bodily Harm
- Dangerous Driving Resulting in Death
- All Careless Driving and Hooning Offences
- All Dangerous Driving Offences
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Our Legal Strategy in Dangerous Driving Matters.
The professional criminal lawyers at Donnelly Law Group use a two-pronged approach to achieve the best possible outcome in your dangerous driving matter.
Firstly, we expertly analyse the place in which you were driving (including its nature, the number of people and vehicles around and more). We also scrutinise the way in which you were driving (the speed and movement of the vehicle, the class of vehicle, your BAC, witness statements and more). Any one piece of evidence may give rise to a legal defence and help us tailor a winning strategy.
Secondly, our specialist traffic lawyers get to know you and your circumstances through open and honest conversation. In some cases, we may arrange for you to undertake practical measures and driver programs that benefit your defence. This helps us prove to the magistrate that you are unlikely to offend again and should therefore receive a more favourable outcome.
By using a combined approach of legal strategy and rehabilitation, Donnelly Law Group can help you attain the best possible result in court and restore your livelihood as quickly as possible.
- Workers worried about their licence and career.
- Parents and carers worried about their family life.
- Truck, bus and taxi drivers.
- Drivers with no prior convictions.
- Drivers with one or more prior convictions.
- People who made an honest mistake.
- People who are anxious about their criminal record as it can lead to complications when applying for jobs, travel visas, child adoption, legal aid and certain types of insurance.
- People concerned about their public image.
Our Personal Support System in Dangerous Driving Matters.
Donnelly Law Group understands how stressful and embarrassing it can be to be charged with dangerous driving. We make this turbulent period in your life as easy and stress-free as possible with our personal support system.
Our dangerous driving lawyers ensure that you are kept up to date throughout the entire legal process with regular and clear communication. Should you have any questions, we are always here to provide answers and guidance. Plus, we will supply you with step-by-step guides on the role you will play in the process.
The personal support we offer also plays a vital part in shaping your legal defence. Should you want to plead guilty, our traffic lawyers will help you arrange any practical measures and driver programs necessary to prove to the court that you are unlikely to offend again. This also helps us demonstrate to the magistrate or judge how crucial your licence is to your career, family and future.
We genuinely care and want to attain the best possible outcome for you – both in the courtroom and in your personal life.
FAQs.
What should I do if the police want to talk to me about a dangerous driving offence?
If the police pull you over, you must comply if they ask for your name and address, driver’s licence and a drug or alcohol test. It is an offence if you refuse to comply with these requests.
You have the right to remain silent. You do not have to answer any further questions from the police, make any statements, or participate in a police interview.
Immediately contact Donnelly Law Group at the first opportunity. One of our lawyers or trained support staff will discuss your options and explain how to achieve the best possible outcome.
Do I need a lawyer for a dangerous or careless driving offence?
Having defended and witnessed thousands of dangerous and careless driving matters in Queensland, it is apparent that defendants achieve the best outcome when they are represented by a lawyer who specialises in criminal traffic offences.
Our dangerous driving lawyers understand the legal defences and mitigating factors the court is looking for when deciding the outcome and sentence in your matter. We are experts at preparing your case and presenting these factors to the magistrate or judge so that you attain the best possible result.
People who do not engage the help of a specialist criminal lawyer often fail to present these mitigating factors to the court and suffer heavier penalties as a consequence.
Will my lawyer represent me in court?
Donnelly Law Group’s expert team of dangerous driving lawyers will research, strategise and prepare your case for you. We will then represent you in court and methodically argue your defence in order to attain the best possible outcome.
What legislation covers dangerous driving offences in Queensland?
In Queensland, dangerous driving is considered a criminal offence rather than a traffic offence. As such, dangerous driving appears under the Criminal Code Act 1899.
Careless driving is considered a traffic offence and therefore appears under the Transport Operations (Road Use Management) Act 1995.
Both dangerous driving and careless driving are considered hooning offences in Queensland. Under the Police Powers and Responsibilities Act 2000, the police have the power to impound or confiscate your vehicle on top of any other court-ordered penalty (see below).
What is the difference between dangerous driving, careless driving and hooning?
Dangerous driving is defined as “operating or in any way interfering with the operation of a vehicle dangerously”. In Queensland, dangerous driving is considered a criminal offence.
Careless driving is defined as “driving a motor vehicle on a road or elsewhere without due care and attention or without reasonable consideration for other persons using the road or place.” In Queensland, careless driving is considered a traffic offence.
As such, dangerous driving is performed with intent. But careless driving is performed in negligence.
Both dangerous and careless driving are considered Type 1 hooning offences. This means that the police have the power to impound or confiscate your vehicle on top of any other court-ordered penalty.
Dangerous driving and careless driving carry different penalties and disqualification periods (see below).
What are the penalties for careless and dangerous driving offences in Queensland?
| Offence | Minimum Disqualification Period | Maximum Fine | Maximum Prison Sentence |
|---|---|---|---|
| Dangerous Driving | 6 months | 200 penalty units | 3 years |
| Dangerous Driving While Affected by Alcohol or Drugs | 6 months | 400 penalty units | 5 years |
| Dangerous Driving While Speeding or Racing | 6 months | 400 penalty units | 5 years |
| Repeat Dangerous Driving | 6 months | 400 penalty units | 5 years |
| Dangerous Driving Causing Death or Grievous Bodily Harm | 6 months | 10 years | |
| Dangerous Driving Causing Death or GBH While Intoxicated, Speeding or Racing | 6 months | 14 Years | |
| Careless Driving | Determined by court | 40 penalty units | 6 months |
| Careless Driving Causing Death or GBH | 6 months | 80 penalty units | 1 year |
| Careless Driving Causing Death or GBH While Unlicensed | 6 months | 160 penalty units | 2 years |
In Queensland, the driver’s traffic history and criminal history are considered when sentencing someone for a dangerous or careless driving offence.
Drivers will be mandatorily sentenced to imprisonment if they commit a dangerous driving offence and have previously been convicted of:
- Dangerous driving while intoxicated; or
- Two dangerous driving offences.
If it is your first time being charged with dangerous or careless driving, the police have the power to impound your vehicle for 90 days. If it is your second or subsequent time being charged with dangerous or careless driving, the police can impound your vehicle until the end of the legal proceedings or take your vehicle as property of the state (forfeited).
Contact Donnelly Law Group today so that we can discuss your charges and circumstances and explain the likely outcomes.
Note that the value of a penalty unit does change occasionally in line with the government’s indexation policy. You can find the current dollar value of a penalty unit here to calculate the maximum fine for each dangerous driving offence.
How long will my licence be immediately suspended after dangerous driving?
If you are charged with dangerous driving, your licence will be immediately suspended until your charges are finalised in court.
If it is your first time being charged with dangerous or careless driving, the police have the power to impound your vehicle for 90 days.
If it is your second or subsequent time being charged with dangerous or careless driving, the police can:
- Impound your vehicle until the end of the legal proceedings; or
- Take your vehicle as property of the state and sell it at auction or crush it for scrap metal (forfeited).
You may be able to apply to the Magistrates Court for a Section 79E licence which allows you to drive after your licence has been immediately suspended. However, this is a complicated process and there are strict criteria that must be met.
Contact Donnelly Law Group today to book your free consultation with one of our specialist dangerous driving lawyers. We can assess your suitability for a Section 79E licence and help you apply.
Can I apply for a work licence if convicted of dangerous driving?
You cannot apply for a work licence or special hardship order licence if you have been convicted of dangerous driving.
However, you may be able to apply to the Magistrates Court for a Section 79E licence which allows you to drive after your licence has been immediately suspended. This is a complicated process and there are strict criteria that must be met.
Contact Donnelly Law Group today to book your free consultation with one of our specialist dangerous driving lawyers. We can assess your suitability for a Section 79E licence and help you apply.
Are there any legal defences to dangerous driving charges?
Yes, there are legal defences available in dangerous and careless driving matters in Queensland.
It may be possible for an expert criminal traffic lawyer to argue that you were driving in a manner that cannot be considered dangerous or careless.
Other defences may include necessity, mistake of fact, duress, accident and more.
Donnelly Law Group’s specialist criminal traffic lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
How much does Donnelly Law Group charge for dangerous driving matters?
A lot of people believe that they cannot afford to hire an expert dangerous driving lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane and the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay and more.)
We can hold meetings with our regional clients over the phone, via video conference or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, drink driving and domestic violence matters and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
