Dangerous Driving in Queensland — Charges, Penalties and Defences
Traffic Offences — 2026-07-15 — by Sacha Sarah Smith, Civic Law
Dangerous operation of a vehicle under section 328A of the Criminal Code is a criminal charge — not a traffic ticket. Penalties were increased in 2024. Here is what you are facing, what you lose, and where there is room to fight.
Dangerous operation of a vehicle is not a traffic offence. It is a criminal charge under section 328A of the Criminal Code Act 1899 (Qld). A conviction means a criminal record — not just a fine and demerit points. It means losing your licence. And depending on the circumstances, it can mean prison.
The charge covers everything from high-speed incidents on the highway to crashes where someone was hurt. The penalties were increased in 2024, and the most serious cases now carry up to 20 years. Here are the tiers, the penalties, and the realistic options.
Three Tiers — and They Are Not Close to Each Other
Section 328A has three main tiers. Which tier applies to your charge determines the maximum penalty, which court deals with your matter, and whether prison is on the table.
Tier 1 — base offence. You operated a vehicle dangerously. No one was seriously hurt. No aggravating circumstances. The maximum penalty is 200 penalty units or 3 years in prison. This is dealt with in the Magistrates Court . For a first offence at this level, imprisonment is unlikely — but the criminal record and licence disqualification still apply.
Tier 2 — aggravated offence. The maximum jumps to 400 penalty units or 5 years in prison if any of these apply: you were affected by alcohol or drugs at the time, you were doing more than 40 km/h over the speed limit or racing, or you have a prior conviction for dangerous operation. This is still dealt with in the Magistrates Court unless you elect to go to the District Court .
Tier 3 — death or grievous bodily harm. If someone was killed or suffered serious injury, the maximum is 14 years in prison. If aggravating circumstances are present — intoxication, excessive speed, leaving the scene, or evading police — the maximum is 20 years. This tier is dealt with in the District Court. There is no option for the Magistrates Court.
There is also a specific provision — section 328A(1A) — for filming or posting your dangerous driving on social media. That carries a maximum of 5 years. This was introduced by the Making Queensland Safer Act 2024 and targets people who record themselves doing it and put it online.
Your Licence — No Work Licence, No Special Hardship Order
A dangerous operation conviction almost always results in your licence being taken from you. The court has the power to disqualify under section 187 of the Penalties and Sentences Act 1992 , and courts use it in virtually every case.
But here is the critical difference between this charge and drink driving . After a drink driving conviction, you can apply for a work licence that lets you drive for work during the disqualification period. After a dangerous operation conviction, you cannot. Work licences are only available for drink driving offences under the Transport Operations (Road Use Management) Act 1995 . Dangerous operation is a Criminal Code offence and does not qualify.
A special hardship order is also not available. That only applies to demerit point suspensions and excessive speeding suspensions — not criminal driving convictions.
If you rely on your licence for work — and in Cairns and Far North Queensland, that covers most people — this consequence needs to be planned for from the moment you are charged. The disqualification period is not fixed by statute — the court decides how long at sentencing. That makes the sentencing preparation critical. The difference between a 6-month ban and a 2-year ban is the difference between keeping your job and losing it.
If you are charged with dangerous operation and a drink driving offence from the same incident, the licence bans stack. They run one after the other under section 90B — not at the same time. That can add years to your total time off the road.
Will You Go to Prison?
It depends on the tier.
Tier 1 — base offence, first time. Prison is unlikely if the matter is properly prepared. The realistic range is a fine, a period of licence disqualification, and possibly probation or community service . For some first offenders with no traffic history, a non-conviction result is achievable — meaning the charge does not go on your criminal record .
Tier 2 — aggravated. The risk rises. If the aggravation is intoxication and the driving was serious, a suspended sentence is a realistic possibility — meaning you receive a jail term but serve it in the community. For repeat offenders at this tier, actual custody becomes a real prospect.
Tier 3 — death or grievous bodily harm. Imprisonment is the starting point. The question is not whether a prison sentence is imposed — it is whether the sentence can be suspended, and how long it will be. Early plea, genuine remorse, and thorough preparation are what determine that outcome.
There is one situation where the court has no choice. Under section 328A(3), the court must impose imprisonment if you have a prior dangerous operation conviction committed while intoxicated, or if you have two prior convictions for prescribed offences — including drink driving, drug driving , and disqualified driving .
When the Charge Can Be Challenged
Not every bad driving decision is dangerous operation. The law draws a clear line between careless driving and dangerous driving — and which side your case falls on makes a massive difference.
The legal test is objective: whether a competent and careful driver would have realised the risk and driven differently. The prosecution must prove your driving involved a serious breach of proper road conduct — not just a lapse in attention, a moment of carelessness, or a poor decision. Speed alone does not automatically qualify. A single momentary error does not automatically qualify.
Where the driving falls below the dangerous threshold, the charge can be fought in two ways:
Negotiate a reduction to careless driving. Careless driving under section 83 of the Transport Operations (Road Use Management) Act 1995 is a traffic offence — not a criminal charge. The maximum penalty is 40 penalty units or 6 months. No criminal record. If your driving was poor but not dangerous, this reduction can be achieved through representations to the prosecution before the plea date. It is one of the most valuable outcomes in a traffic matter.
Contest the charge at a hearing. If the prosecution cannot prove the driving crossed the serious breach threshold, the charge fails. Sacha assesses this after reviewing the full brief — the QP9, any dashcam or body-worn camera footage, speed detection evidence, and witness statements.
For Tier 3 matters — death or grievous bodily harm — there is a separate element the prosecution must prove: that your driving caused the death or injury. Where there is a real question about whether the manner of driving, rather than some other factor, caused the outcome — that is contested.
Whether the aggravating circumstance is properly established is also a live issue. Intoxication, excessive speed, and prior convictions must each be pleaded and proved. If the prosecution has not properly established the aggravating circumstance, the charge drops to the lower tier — with lower penalties and a very different sentencing range.
What Helps at Sentencing
The outcome depends on what is put before the court. If no material is prepared, the Magistrate or Judge decides your sentence based on the police summary and your history alone. These are the things that move the result:
Your traffic and criminal history. A clean history is one of the strongest factors in your favour. It tells the court this was an isolated event — not a pattern. If you have prior convictions, Sacha works with what else is available.
What happened after the incident. If you stopped, called emergency services, and cooperated — that carries weight. Leaving the scene is both a separate 20-year tier under the 2024 amendments and a serious aggravating feature at sentencing. What you did in the moments after matters.
Early guilty plea. An early plea carries a meaningful discount. In causing-death matters, the combination of early plea and genuine remorse is the strongest mitigating case available.
Character references . References from employers, family, and community members that speak to your actual character — not just a general endorsement. These need to be prepared properly.
Employment and family impact. If you are the primary earner, if you have dependants, if losing your licence ends your career — that evidence needs to be before the court, not just mentioned. A letter from your employer and an affidavit setting out the impact.
Traffic offenders program. Completing the Queensland Traffic Offenders Program (QTOP) before your court date shows the court you have engaged with the issue. It is done online and costs $285 including GST — reduced to $240 with the coupon code QTOP at checkout.
Common Scenarios
In the Cairns Magistrates Court and the Cairns District Court , dangerous operation charges typically come from a few scenarios:
High speed on FNQ roads. The Captain Cook Highway, the Bruce Highway, and the roads in and around Cairns. If you were doing more than 40 km/h over the limit, the aggravated tier applies — but even lower speeds can constitute dangerous operation if the road conditions or traffic made your speed objectively dangerous.
Drunk or drug-affected driving. Often charged alongside a drink driving or drug driving offence. The intoxication is a separate charge and an aggravating circumstance that pushes your dangerous operation charge into a higher tier. Your licence bans run cumulatively.
Police pursuits. If you failed to stop for police, the evasion charge under section 754 of the PPRA almost always comes with a dangerous operation charge. The evasion charge carries its own mandatory floor — at least 50 penalty units or 50 days in prison — plus a mandatory 2-year licence ban.
Fatal or serious injury crashes. These go to the District Court. Immediate custody is the starting point — the question is whether a suspended sentence can be achieved through preparation.
Talk to Civic Law
If you are facing a dangerous operation charge, the first step is understanding which tier applies, whether the charge can be reduced or contested, and what preparation is needed before your court date . Use our charge classification tool to check which tier applies, or call Sacha Sarah Smith on 0425 429 458 .
Dangerous Operation — Fixed Fee
Careless Driving — Fixed Fee
District Court Plea