The dangerous operation of a motor vehicle, also commonly called dangerous driving, is among the most severe traffic offences in Australia. Aside from being a traffic offence, it’s also a criminal offence, which means that if you’re found guilty of it, you stand to face severe consequences.
Depending on the severity of the charges against you, you might be imprisoned for five up to 14 years, have your driver’s licence disqualified, and pay thousands in fines.
Elements of Dangerous Driving
Under the Queensland Consolidated Act, the offence would be considered dangerous driving if you injured or caused the death of another individual. In addition, the top lawyers in Charters Towers noted that one or more of the following elements should exist:
- You were driving recklessly. This means that intentionally and deliberately disregarded the potential risk of inflicting severe bodily harm or killing another individual while you were driving.
- You acted negligently. This means that you have unreasonably failed to observe or follow the standard of care that any reasonable or rational individual should have observed given the circumstances of the incident.
- You were driving under the influence of drugs and/or alcohol to the point that you were incapable of exercising accurate control of your vehicle.
- You have a previous conviction for dangerous driving.
Getting Legal Counsel
Although the law dictates the maximum penalties you could receive for a dangerous driving conviction, when the court deliberates on what penalty it should impose on you, they would consider your criminal history (if applicable) and the specific circumstances surrounding the incident that led to your charge.
With this in mind, you need to work with a lawyer to get your case evaluated and figure out your options. Your lawyer would analyse the evidence against you to identify weaknesses and strengths that could be used for defending your case and help ensure that you get the best possible outcome.