Dangerous Driving Causing Death or Serious Injury QLD

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Dangerous driving causing death or serious injury is one of the more serious driving offences in Queensland. Being charged with this offence can be overwhelming and confusing, it also can come with life-altering consequences, both legally and emotionally.

At Drink Driver Lawyers, we understand how daunting the legal process can be. Our experienced team of traffic lawyers specialises in serious traffic matters and are here to guide you through every step of the matter. Our lawyers are dedicated to protecting your rights and fighting for the best possible outcome in court.

Seeking legal advice as early as possible is recommended, this is a serious criminal offence leading to lengthy terms of imprisonment. Call us on 07 3999 8661 for a free confidential consultation.

What Constitutes Dangerous Driving in Queensland?

In Queensland, dangerous driving is defined as operating, or in any way interfering with the operation of, a motor vehicle at a speed or in a manner that is dangerous to the public.

This assessment takes into account all surrounding circumstances, including:

The nature, condition and use of the location
The condition of the vehicle
Number of people or objects present or reasonably expected to be present
Any alcohol or drugs in the driver’s system.

Put simply, dangerous driving is not just about excessive speeding, it’s about how the driving puts the public at risk. This is assessed based on where you are, how busy it is and whether you’ve consumed any drugs or alcohol. Even if you intended to cause no harm, driving in a dangerous manner considered risky to the public, can lead to a criminal offence.

What Are the Different Penalties for Dangerous Driving Causing Death or Grievous Bodily Harm in QLD?

Dangerous driving occurs when a driver of a motor vehicle drives in a manner that is dangerous and exposes road users and passengers to risks over and above the ordinary risks faced in connection with the operation of a motor vehicle. If this driving causes the death or grievous bodily harm (GBH) to another, this charge may apply.

Penalties: Maximum 14 years imprisonment.

Licence Disqualification: Minimum 1 year, can be higher depending on any aggravating factors.

Aggravating Factors: If any of these aggravating factors apply while you commit the offence of dangerous driving causing death or grievous bodily harm (GBH), it can lead to a maximum of 20 years imprisonment:

Driving under the influence
Excessive speeding
Evading police
Street racing
Knowingly leaving a deceased or injured person
Posting the offence online (recording and posting on social media)

These factors can push the offence into a higher category, increasing penalties up to 20 years imprisonment in some cases.

Possible Defences for Being Charged with Driving Causing Death or Grievous Bodily Harm

Lack of Dangerousness

Depending on the circumstances of the case, a submission can be made to downgrade the charges to a lesser offence if there is no clear evidence of dangerous driving. While an accident may have occurred, the prosecution must prove beyond a reasonable doubt the motor vehicle was used in a dangerous operation posing a real (and not speculative) danger to the public.

If the driver made a simple careless mistake causing GBH or death, there may be grounds to argue for the lesser offence of careless driving causing GBH or death, which carries a maximum penalty of 1 year imprisonment.

Challenging Police Evidence or Eyewitness Testimony

Challenging the accuracy or reliability of police evidence and witnesses, can, in some cases, lead to the charges being reduced or dismissed. Once again, this depends entirely on the circumstances of your matter. If there is unclear CCTV footage, conflicting witness statements, it can raise doubt in the prosecution’s case and could lead to reduced charges.

If you’re unsure about your legal circumstances, please contact us on 07 3999 8661 and we can provide clear legal advice in relation to your matter.

Vehicle Faults or other External Factors

If at the time of the offence your vehicle experienced a sudden mechanical failure, such as your brakes failing and you weren’t aware of the issue beforehand, this defence may help. If you can prove your car was maintained to the vehicle’s correct specifications, it could be argued that you did not drive dangerously as the act of the car failing wasn’t due to your driving but due to a mechanical fault.

How Can a Traffic Lawyer Help You with Dangerous Driving Causing Death Charges in QLD?

Having an experienced traffic lawyer can positively impact your case, we have represented numerous clients charged with this offence, successfully getting these charges downgraded or securing the minimum penalties.

Why Choose Drink Driver Lawyer to Defend your Dangerous Driving Causing Death or Serious Injury Charges in QLD?

Our expert solicitors at Drink Driver Lawyers understand Queensland’s traffic laws inside and out. We vigorously defend our clients and take into consideration all available pieces of evidence to form a solid defence strategy helping you achieve the best possible outcome in court.

Here is what you can expect from our lawyers:

Personalised support throughout the whole process
Strong & strategic legal defence
Best possible outcome in court
Lawyers advocating on your behalf

Our Legal Strategy for Dangerous Driving Causing Death or Serious Injury Offences Across QLD

Initial consultation

During the initial consultation, our lawyers will review the facts of your case and determine the best legal options moving forward.

Case assessment

Once onboarded, we will review the QP9 (alleged facts and police version of events) and determine any weaknesses or inconsistencies that may exist in the prosecution's case.

Developing a defence strategy

Our expert lawyers will analyse all evidence available and build a tailored defence strategy for your unique circumstances.

Court representation

Our lawyers are well trained in court advocacy, we will stand by you in court and clearly present your case, fighting for the best possible outcome in court.

Dangerous driving causing death or serious injury in QLD FAQs

What should I do after being charged with dangerous driving causing death or serious injury in QLD?

We recommend seeking legal advice as soon as possible. This is a serious criminal offence with a maximum imprisonment term up to 14 years or more, legal advice will help you understand your legal options and the best steps moving forward.

Can I avoid jail time for dangerous driving causing injury or death in QLD?

Short answer – it depends. The circumstances of your case may influence the outcome, these factors can include driving under the influence, driving dangerously and whether you show genuine remorse. It is possible to avoid imprisonment and options may be explored further including seeking to lower charges, however strong legal representation is required.

If you require ASAP legal advice, call us on 07 3999 8661, we are available 24/7 and respond to every enquiry.

How long does a dangerous driving charge stay on my record for?

A dangerous driving conviction will be apart of your criminal record, however in Queensland you may be eligible to have the conviction time spent, which is typically 10 years for an adult, provided that you do not reoffend during that period.

If you are sentenced to more than 30 months imprisonment, whether or not you are imprisoned, it will stay on your record indefinitely.

Will I have to go to court for my dangerous driving causing death or serious injury charge?

Yes – dangerous driving causing death or GBH is a serious criminal offence, and you will have to attend court, unless you are on bail. The matter will start in the Magistrates Court and depending on the circumstances of your case it can get committed to a higher court (District Court).

Is dangerous driving causing death or GBH a criminal offence in QLD?

Yes – dangerous driving causing death or GBH is a criminal offence under Queensland law. This charge is prosecuted under the Criminal Code 1899 section 328A(4) and carries a maximum penalty up to 14 years or 20 years depending on the circumstances.

Dangerous Driving QLD