Hit & Run Charges QLD
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Being charged with a hit and run offence in Queensland can be a confusing and stressful experience, especially if you’re unsure of your rights and the penalties you may face. Whether it was a misunderstanding or a lapse in judgment, hit and run charges are serious and seeking legal advice is recommended.
Under Queensland traffic laws, drivers can be charged with specific offences if they do not stop immediately at the scene, fail to provide their details or fail to remain at the scene and render aid for injured persons. These are only some of the offences you can be charged with, in this article, we’ll break down all hit and run charges under Queensland traffic laws.
If you have been charged with a hit and run offence, don’t face it alone, we are available 24/7 and offer a free confidential consultation on 07 3999 8661
What constitutes hit and run in QLD?
Hit and run occurs when a driver is involved in a motor vehicle accident and leaves the scene without stopping, helping injured persons or providing their details. It doesn’t matter if the accident involves another car, pedestrian, animal or property. Drivers in Queensland have a legal duty to stop and provide their details, and in extreme situations, render aid for injured people.
Motor vehicles in Queensland include more than just cars, the term can cover:
Cars
Motorcycles
Trucks
Buses
Mopeds
Possible defences for Hit & run charges QLD
If you have been charged with a hit and run offence in Queensland, there may be valid legal defences depending on the circumstances. Do note, that some of these defences may require evidence to substantiate your claim such as witness statements or CCTV footage.
You were unaware a crash occurred: If you genuinely believed there was no impact, damage, or injury, this may be raised as a possible defence in court. However, the court will assess this based on what a reasonable person in the same circumstances would have believed.
You were not the driver at the time: You will not be held responsible if you were not driving the vehicle when the incident occurred (e.g, someone else had access to your car or your vehicle was stolen).
You provided your details as soon as reasonably possible: In some situations, you may not be able to provide your details immediately due to a serious incident occurring or another driver leaving the scene. However, if you take reasonable steps to report the crash to police or provide your details as soon as practicable, this can support your defence.
You were unable to stop due to safety concerns: If stopping at the scene would have posed a serious risk to your personal safety (e.g, stopping in a dangerous location or aggressive behaviour from another driver) it may justify not remaining at the scene.
You were physically or medically unable to comply: If you were injured or otherwise incapacitated during or after the crash, then it would not have been reasonable to comply with your legal obligations.
What are the different penalties for Hit & run charges QLD?
In Queensland, penalties for hit and run offences vary depending on the circumstances. If injury, death, or property damage occur, you can face fines, disqualification periods and possible imprisonment.
Below is a breakdown of the different hit and run charges and the penalties that can apply.
Failing to stop and Assist
If you’re involved in a motor vehicle accident, you must stop your vehicle and help anyone who is injured in the crash. This can include calling an ambulance or police for help, you may leave the scene to obtain medical aid. Even if the crash seems minor, failing to stop and assist after an accident can lead to charges, serious consequences apply if the crash causes grievous bodily harm (GBH) or death.
What is the maximum penalty you can get for failing to stop and assist in QLD?
The maximum penalty for failing to stop and assist is a fine up to $3,350 or 1 year imprisonment.
If you fail to stop and assist person who is injured or killed in the crash, the penalties are significantly harsher. You will receive a fine up to $19,350 or 3 years imprisonment, the court will also disqualify you from driving for a minimum mandatory period of 6 months.
If the court finds that you have showed ‘callous disregard’ (lack of care or concern for another person’s wellbeing) for the injured person, a term of imprisonment must be imposed as a part of your sentence.
Failing to provide details after a crash
After a motor vehicle accident has occurred, you are required by law to stop and provide your details to the other parties involved. These details can include your name, address, vehicle registration number and other relevant details. If you do not stop and provide these details, you’re committing an offence.
If a police officer requests your details in relation to the crash, you are legally required to comply. Refusing or failing to do so is an offence under this charge.
What is the maximum penalty you can get for failing to provide details after a crash in QLD?
The maximum penalty for failing to stop and providing details is a fine up to $3,230.
False incident reports
A person who reports the happening of an incident to the Queensland Police Service knowing the report to be false commits an offence.
What is the maximum penalty you can get for false incident reports in QLD?
The maximum penalty for reporting false incident reports to Queensland police will receive a fine up to $6,450 or up to 6 months imprisonment.
What are the key considerations taken before deciding on a penalty?
When the courts decide on the penalty for a hit and run offence, they will take into account the circumstances of the offence and other mitigating factors. These can include the following:
Severity of car crash: The courts will determine if the car crash was an accident or a deliberate action.
Your behaviour: Whether you helped injured people or called emergency services.
Prior traffic offences: If you have prior traffic offences, the Magistrate may take them into account when deciding your penalty. This can result in a harsher penalty, if your history shows constant disregard for traffic laws.
Remorse: If you have shown genuine remorse for your actions.
Personal circumstances: Including your age, employment, medical issues, and impact of the penalty on your livelihood.
Plea of guilty: Entering a timely plea of guilty shows the Magistrate you’re taking accountability for your actions.
Why choose Drink Driver Lawyer to defend your Hit & run charges in QLD?
At Drink Driver Lawyer, we specialise in all traffic matters, including hit and run charges. Whether your facing hit and run charges or failing to provide assistance, our team of lawyers are dedicated to providing you strong representation across the Gold Coast and Brisbane regions.
We proudly offer all our clients:
Expert representation
Fixed fees
Collaborative legal team
Experience traffic and criminal lawyers
Free initial consultation
Our legal strategy for Hit & run charges in QLD
At Drink Driver Lawyer, we approach every hit and run charge with a strategic approach, crafting a defence strategy designed to protect your rights and minimise penalties. Our main goal is to achieve the best possible outcome in court.
Initial consultation
During the free initial consultation, our lawyers will provide you an overview of the charges against you and the process moving forward.
Case assessment
Our lawyers will assess the QP9 and thoroughly review the police facts to determine the strength of the case against you.
Developing a defence strategy
Once our lawyers have reviewed the QP9 and evidence, a defence strategy will be created based on the facts of your case. The defence will consider all possibilities of your situation focusing on mitigating factors and the most effective way in minimising your penalties.
Court representation
Our lawyers will represent you in court, ensuring your case is presented professionally before a magistrate, where the best possible outcome will be achieved.
Hit & run charges in QLD FAQs
What should I do after being charged with a hit & run charge in QLD?
Seeking legal advice is highly recommend, a lawyer will provide you with your legal rights and the best process moving forward.
Can you be jailed for a hit and run if no one was injured?
The maximum penalty for a hit and run with no injury is a fine up to $3,350 or 1 year imprisonment. For a minor crash, imprisonment would be unlikely. However, the Magistrate can impose any penalty within the above range, with regard to your character, traffic history and the circumstances of the case.
If you are confused about the charges brought against you, feel free to ring us on 07 3999 8661 for a free confidential consultation.
How long does a hit and run conviction stay on my record?
If a conviction is recorded, it goes on your criminal record but may become spent after 10 years with no further offences. Contacting one of our lawyers can help you prepare a strong case to request no conviction to be recorded.
Can a lawyer help me avoid jail time for a hit and run offence in QLD?
Yes – our lawyers are well versed in all traffic matters across Queensland and can assist you with achieving the minimum penalties in court.
Is it possible to avoid a criminal record for a hit and run charge?
Yes – the Magistrate has the discretion to impose a criminal conviction, taking into account your character and the circumstances of the case. However, engaging with experienced traffic lawyers can significantly improve your chances of avoiding a criminal conviction.