TRAFFIC OFFENCES
Dangerous operation of a motor vehicle
Have you been charged with dangerous operation of a motor vehicle? If so, it is recommended that you engage legal representation. Police Prosecutions will need to satisfy the elements of the charge.
01 / THE LAW
The offence and its penalties
Section 328A of the Criminal Code provides that a person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour, for which the maximum penalty is 200 penalty units or 3 years imprisonment.
There are also aggravating features to this offence. Three aggravating features include: being adversely affected at the time of the offence by an intoxicating substance; excessively speeding or taking part in an unlawful race or unlawful speed trial; and/or being previously convicted of this offence. If this applies, the maximum penalty is increased to 400 penalty units or 5 years imprisonment. The same increased maximum applies if the offender publishes material on social media or an online social network to advertise their involvement in the offence or the conduct itself.
Source: Criminal Code (Qld), s 328A (current as at 29 October 2026). Penalties and the law change from time to time, so please get advice about your own matter before relying on these figures.
02 / HOW SERIOUS
How serious is this charge?
When assessing the penalties associated with driving offences, it is important to understand that a person's ability to drive is not regarded as a right or a freedom. To be able to drive, a person must have completed the relevant tests and hours for their licence and then comply with the conditions of that licence. In instances where there was a crash, damage to property, a person was injured, and/or the person charged has a poor traffic history, imprisonment is a relevant consideration for the court.
What does operating a vehicle dangerously mean?
Under section 328A, operating a vehicle dangerously means operating it at a speed or in a way that is dangerous to the public, having regard to all the circumstances, including:
- The nature, condition, and use of the place;
- The nature and condition of the vehicle;
- The number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place;
- The concentration of alcohol in the operator's blood or breath; and/or
- The presence of any other substance in the operator's body.
This expression does not require any state of mind on the part of the driver. This is to say, the person charged, the operator, may believe they are driving carefully, yet be operating the vehicle in a dangerous manner.
The consequences of such an offence are not limited to a disqualification; a person may be at risk of a criminal conviction and penalty. For many people, this can impose a significant risk to their reputation and, subsequently, their employment and livelihood.
04 / COMPLIMENTARY CASE ASSESSMENT
Complimentary case assessment
If you have been charged with this offence, we are here to listen and provide tailored legal advice and recommendations.
To organise a complimentary case assessment with a criminal lawyer, call us on (07) 3709 7610.
(07) 3709 7610 BRISBANE OFFICE33 Queen Street, Brisbane
