Clarity Law

Specialist Traffic Law Firm Queensland
Thursday, 28 September 2023 10:44

Top 5 Myths about Dangerous Driving

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Myth 1 – Dangerous Driving is a traffic offence

The most common misconception about dangerous driving is that it is a traffic offence and is therefore not as serious as other types of charges. This is incorrect. Dangerous driving is one of the most serious traffic offences in Queensland as it is also a criminal offence.

Dangerous Driving is a very broad charge and is defined under Section 328A of the Criminal Code 1899 as “a person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place”. There are several factors that can aggravate the charge including being under the influence of a substance, excessive speeding, participating in an unlawful race and any injuries caused to other parties.


Myth 2 – Dangerous Driving always involves injuries or death

Dangerous Driving, as defined above, is a very broad charge and does not always involve someone driving in such a way that another person is injured or killed. The penalties associated with the charge will obviously be greater should someone be injured or killed as a result of the type of driving. There are 5 main forms this charge can take with various aggravating factors associated. They are detailed below:

Form of charge

Aggravating factor

Maximum Penalty

Dangerous Driving


200 Penalty Units or 3 Years Imprisonment

Dangerous Driving

1.       While adversely affected by an intoxicating substance; or

2.       While excessively speeding; or

3.       Where previously convicted

400 Penalty Units or 5 Years Imprisonment

Dangerous Driving, Causing Grievous Bodily Harm or Death


10 Years Imprisonment

Dangerous Driving, Causing Grievous Bodily Harm or Death

1.       While adversely affected by an intoxicating substance; or

2.       While excessively speeding; or

3.       While taking part in a race or illegal speed trail

14 Years Imprisonment

Dangerous Driving, Causing Grievous Bodily Harm or Death Where the offender leaves the scene


14 Years Imprisonment


Myth 3 – People charged with Dangerous Driving are eligible for work licences or special hardship licence

When someone is charged with dangerous driving the Court will disqualify your driver licence for a minimum period of 6 months. During your disqualification you are not eligible for any type of work or special hardship licence.


Myth 4 – Dangerous Driving must be a long car chase type event

Many people hear the term Dangerous Driving and picture a James Bond type car chase, this is not the case, in fact a lot of charges of dangerous driving often result from spit second errors in judgement. In the past we have acted for people have been charged with dangerous driving for;

  1. Failing to see a motorcycle before entering an intersection and unfortunately striking and killing the motorcyclist

  2. Being temporarily distracted causing the car to run off the road into the other lane of traffic causing grievous bodily harm to passengers in another vehicle

  3. Falling asleep at the wheel resulting in a collision with a power pole and serious injuries to the passenger in the car

  4. Exiting the road after missing a turn, then turning too sharply in the dirt causing the vehicle to roll

  5. Driving at excessive speed

  6. Driving through a roundabout at excessive speed and cutting off other motorists



Myth 5 – Dangerous Driving charges do not result in criminal convictions

As dangerous driving is a criminal offence the court can choose whether  or not to record a conviction.  If a conviction is recorded this may have an effect on overseas travel or employment prospects in the future.

It is possible to ask the court not to record a conviction especially if you are first time offender.  Contact us for more information about the non-recording of a conviction for a dangerous driving charge.


Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a traffic charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of traffic law. We believe that every client deserves a clear understanding of their rights and the legal process they're navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you're informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here


How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

  1. Use our contact form and we will contact you by email or phone at a time that suits you

  2. Call us on 1300 952 255 seven days a week, 7am to 7pm

  3. Click here to select a time for us to have a free 15 minute telephone conference with you

  4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

  5. Send us a message on Facebook Messenger

  6. Click the help button at the bottom right and leave us a message


We are a no pressure law firm, we are happy to provide free initial information to assist you.  If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost.  All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.


Need more information?

We have a range of articles on our traffic law blog.  Some of the most recent have included:



What our clients say about us


Last modified on Friday, 29 September 2023 11:22
Russell Tannock

Russell Tannock is a senior traffic lawyer at Clarity Law.  Russell appears in all courts in South East Queensland helping clients with traffic charges in court. | This email address is being protected from spambots. You need JavaScript enabled to view it.