Dangerous Operation of a Vehicle — Fixed Fee
$3,200 — Fixed Fee
Dangerous operation (no aggravation) — Magistrates Court plea — $3,200 fixed Dangerous operation (aggravated — intoxication, speed, or prior conviction) — $4,800 fixed Dangerous operation causing death or GBH — District Court plea from $12,000 · trial from $15,000 Covers : review of the charge and driving circumstances, advice on the applicable tier and penalty range, licence disqualification advice, sentencing submissions, and full court appearance. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Review of the charge and circumstances. Reading the QP9, the police version of events, and any forensic or accident reconstruction material to assess what tier applies and what the prosecution must prove.Advice on the penalty and disqualification range. Honest assessment of the realistic sentencing range — including the disqualification period — for your specific charge and circumstances.Advice on work licence and special hardship order. A work licence is not available after a dangerous operation conviction. A special hardship order is not available. Sacha will advise on those consequences clearly at the first consultation.Analysis of whether the conduct constitutes dangerous operation. The threshold requires a serious breach of proper road conduct. Where the driving falls short of that threshold — careless driving rather than dangerous operation — that is a live issue.Representations to the prosecution. Where the facts are capable of amendment, or a charge reduction is arguable, representations before the plea date are appropriate.Sentencing submissions. Detailed written and oral submissions addressing all mitigating factors and the appropriate disqualification period.District Court representation for causing death and GBH matters — see District Court Plea (from $12,000) and District Court Trial (from $15,000) .Queensland Raised the Penalties in 2024Dangerous operation of a vehicle is governed by s 328A of the Criminal Code Act 1899 (Qld). In August 2024, the Queensland Community Safety Act 2024 materially increased the maximum penalties. Where the offence caused death or grievous bodily harm, the maximum was raised from 10 years to 14 years. Where aggravating circumstances were present — intoxication, excessive speed, or leaving the scene — the maximum was raised from 14 years to 20 years. A new 20-year maximum was introduced specifically for dangerous operation causing death or grievous bodily harm committed while evading police.These are not theoretical maximums. Queensland courts treat dangerous operation causing death as one of the most serious traffic offences on the books, particularly where aggravating circumstances are present. Queensland Sentencing Council data shows that where an immediate custodial sentence is imposed for causing death, the average term is over 5 years. 20% of causing-death cases receive permanent disqualification.Getting the right legal advice from the first court appearance shapes every decision that follows.The Three Tiers — and Which Court Deals with Each Tier 1 — Dangerous operation (no aggravation) — s 328A(1) The basic offence carries a maximum of 3 years imprisonment and is dealt with in the Magistrates Court. It requires proof that the vehicle was operated in a way that was dangerous to the public, assessed objectively — whether a competent, careful driver would have appreciated the risk and driven differently. Speed alone may not be sufficient. The standard requires a serious breach of proper road conduct, not merely careless or inattentive driving.Tier 2 — Aggravated dangerous operation — s 328A(2) Three circumstances raise the maximum to 5 years: the driver was adversely affected by an intoxicating substance at the time; the driver was travelling more than 40 km/h over the speed limit or taking part in an unlawful race or speed trial; or the driver had a prior conviction for dangerous operation. The matter is still dealt with in the Magistrates Court unless the accused elects to proceed in the District Court.Tier 3 — Dangerous operation causing death or grievous bodily harm — s 328A(4) This tier carries a maximum of 14 years (no aggravation) or 20 years (with aggravation — intoxication, excessive speed, leaving the scene, or police pursuit). It cannot be dealt with in the Magistrates Court. The matter is committed to the District Court for trial or sentence. This tier requires full District Court preparation — see District Court Plea (from $12,000) and District Court Trial (from $15,000) .No Work Licence. No Special Hardship Order.Every dangerous operation conviction carries mandatory licence disqualification. The statutory minimum is 6 months, but courts impose significantly longer periods in practice — the average specified disqualification in causing-death matters is around 2.7 years according to Queensland Sentencing Council data, and permanent disqualification is imposed in around one in five cases.There is no work licence application available after a dangerous operation conviction. A work licence is only available for drink driving offences — dangerous operation does not qualify. A special hardship order is similarly not available. If you are facing a dangerous operation charge and rely on your licence for work, that consequence needs to be planned for from the outset. Sacha will advise on the disqualification outcome as part of every dangerous operation matter.Where the charge is laid alongside a drink or drug driving offence, disqualification periods run cumulatively — not concurrently — under Queensland law. Multiple charges at the same hearing compound the disqualification exposure.What Changes the Outcome Whether the conduct actually constitutes dangerous operation. The objective test requires a serious breach of proper road conduct — not every mistake, lapse, or poor decision behind the wheel. Where the driving falls below that threshold, the charge should be contested, or a reduction to a lesser charge negotiated.Whether the aggravating circumstance is properly established. Intoxication, excessive speed, and prior convictions must each be pleaded and proved by the prosecution. Where the aggravating circumstance is not established on the evidence, the charge should be contested at that level.Whether the prosecution can prove the driving caused the death or injury. In causing-death and GBH matters, causation is a distinct element. Where there is a real question about whether the manner of driving — rather than some other factor — caused the outcome, that is contested.Prior traffic history. A first offence carries substantially better prospects than a matter involving a relevant prior conviction, particularly where prior dangerous operation or drink/drug driving is involved.Intoxication. Intoxication at the time of the offence is the most significant aggravating factor in dangerous operation matters. It elevates the charge tier, dramatically affects the likely sentence, and triggers the aggravated disqualification provisions.What happened after the incident. Whether the driver stopped and assisted, called emergency services, or left the scene is both a separate aggravating circumstance and a significant sentencing factor. Courts treat leaving the scene as a serious aggravating feature — it carries its own 20-year tier under the 2024 amendments.Genuine remorse and early plea. An early guilty plea in a causing-death matter carries a meaningful discount. The combination of genuine remorse, early plea, and absence of prior relevant history is the strongest mitigating case available in these matters.What Sacha Focuses On For Tier 1 and Tier 2 matters, the analysis starts with whether the driving actually met the legal threshold for dangerous operation — or whether the prosecution's case overstates what the objective evidence shows. The standard is not careless or negligent driving. Where the conduct is at the lower end of what prosecutors charge as dangerous, a reduction is often achievable.For causing-death and GBH matters, the full brief needs to be read before any advice is given. The prosecution's characterisation of what happened — the speed, the circumstances, the aggravating factors — is assessed against what the evidence actually establishes. Causation, the precise aggravating circumstance, and the factual basis for sentencing are all contested where the evidence supports it.Sentencing preparation for causing-death matters is the most consequential part of the work. The difference between immediate imprisonment and a partly suspended or wholly suspended sentence in an appropriate case is real and depends entirely on preparation — evidence of remorse, character, the impact on the offender's family and employment, and the circumstances of the driving itself. Sacha builds that case from the brief review outward.
FREQUENTLY ASKED QUESTIONS
What is the difference between dangerous operation and careless driving? Dangerous operation under s 328A of the Criminal Code Act 1899 (Qld) requires proof of a serious breach of proper road conduct — driving that a competent, careful driver would have recognised as creating a real risk. Careless driving under the Transport Operations (Road Use Management) Act 1995 (Qld) is a lesser offence covering inattentive or negligent driving that falls below the dangerous threshold. Where the driving is genuinely closer to careless than dangerous, that distinction is argued. Can I get a work licence after a dangerous operation conviction? No. A work licence application is only available for drink driving offences under the Transport Operations (Road Use Management) Act 1995 (Qld). It is not available for dangerous operation. Disqualification is mandatory and there is no licence relief pathway. Sacha will advise on the expected disqualification period as part of every matter. Is imprisonment mandatory for dangerous operation causing death? Not automatically. Courts have full sentencing discretion for s 328A(4) matters, and the Queensland Sentencing Council data shows a significant proportion of causing-death sentences have historically been suspended. Mandatory imprisonment is only triggered by prior relevant convictions under s 328A(3). However, the 2024 penalty increases mean courts approach these matters with greater severity than before. What if I was also charged with drink driving at the same time? The charges are dealt with at the same hearing but the disqualification periods run cumulatively under Queensland law — they do not run concurrently. Multiple charges at the same hearing compound the total disqualification period. Both charges need to be addressed in the sentencing submissions. What does "grievous bodily harm" mean? Grievous bodily harm is defined in the Criminal Code Act 1899 (Qld) as the loss of a distinct part or organ, serious disfigurement, or any bodily injury that endangers or is likely to endanger life, or that causes or is likely to cause permanent injury to health. It is a higher threshold than actual bodily harm or minor injury.