Serious Traffic Offences in Queensland

Are you a road user and been charged with serious traffic offences in Queensland?

If so, you are likely aware of the rules/laws and, in turn, offences that apply when driving on Queensland roads.

Violating said rules are classed, under Queensland laws, as an offence, for which you can receive quite severe punishments.

For this reason, it is vital that you are knowledgeable about the rules of the road not only to avoid punishment but to keep yourself and other road users safe!

Remember that the circumstances of the offence will be taken into account by the court, so the penalties discussed will not always apply, or at least not to the extent suggested.

In Queensland, serious traffic offences are criminal matters and are therefore established by the Criminal Code Act 1899.

This article will discuss 4 of the serious traffic offences, including what they are and how you will be penalised for committing them.

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Serious Traffic Offences – Driving Under the Influence

Driving under the influence of alcohol and/or drugs is a serious offence in Queensland and will likely incur severe punishment if you are caught doing so.

Not only is driving under the influence of a substance a crime, but it can be extremely dangerous and put the lives of yourself, your passengers, and any other road user in harm’s way!

Driving under the influence is established as an offence under section 79 of the Transport Operations (Road Use Management Act 1995, which states:

Offence of driving etc. while under the influence:
Any person who, while under the influence of liquor or a drug—
1. drives a motor vehicle, tram, train or vessel; or
2. attempts to put in motion a motor vehicle, tram, train or vessel; or
3. is in charge of a motor vehicle, tram, train or vessel;
is guilty of an offence and liable to a penalty.

As stated, prior, you will almost certainly be punished if caught driving under the influence.

The maximum sentence, which is at the discretion of the court to lower if fitting, must be the equivalent of 28 penalty units or a maximum of 9 months imprisonment.

Serious Traffic Offences – Dangerous Driving

Dangerous driving is another traffic violation treated as a criminal offence and can therefore result in serious penalties if you are found guilty of it.

Dangerous driving is quite a broad term, so it encompasses various behaviours and actions on a road that has the potential to cause harm to others.

When determining whether an individual is guilty of dangerous driving, the court will observe how the driver was managing the vehicle.

Dangerous driving is established as an offence under section 328A of the Criminal Code Act 1899, which states:

1) A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour.
(2) If the offender—
(a) at the time of committing the offence is adversely affected by an intoxicating substance; or
(b) at the time of committing the offence is excessively speeding or taking part in an unlawful race or unlawful speed trial; or
(c) has been previously convicted either upon indictment or summarily of an offence against this section;
the person commits a crime.

As stated, dangerous driving is an offence and therefore will certainly result in a penalty of some sort if found guilty before a courtroom.

The maximum penalty for regular dangerous driving is 200 penalty units or 3 years imprisonment.

However, the criteria established in (2) of the above legislation will result in an increase of the charge, with a maximum penalty of 400 penalty units or 5 years imprisonment.

Careless Driving in Queensland

Careless driving is another serious traffic offence and, just like other offences, can attract serious consequences.

Careless driving is quite similar to the offence of dangerous driving but has slightly different legislation that defines it as its own offence.

It is, again, a broad term that encompasses various actions and behaviours on the roads.

The court will have the discretion to decide if the behaviour the driver demonstrated can be considered “careless”.

Careless driving is established as an offence under section 83 of the Transport Operations (Road Use Management) Act 1995, which states:

Any person who drives a motor vehicle on a road or elsewhere without due care and attention or without reasonable consideration for other persons using the road or place is guilty of an offence.
Maximum penalty—
if the person causes the death of or grievous bodily harm to another person and was an unlicensed driver for the motor vehicle at the time of committing the offence—160 penalty units or 2 years imprisonment; or
if the person causes the death of or grievous bodily harm to another person—80 penalty units or 1 year’s imprisonment; or
otherwise—40 penalty units or 6 months imprisonment.

If the court convicts a person of an offence against subsection (1) in the circumstances mentioned in paragraph (a) or (b) of the penalty, the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for a period of at least 6 months.

Serious Traffic Offences – Driving Unlicensed

Another act on the roads considered a serious traffic offence is driving without a license, a crime that can result in several penalties.

Licenses are a vital element of driving as it proves that you have undergone the correct tests and have not committed any act which has resulted in the Queensland court system deciding that you are not fit to operate a vehicle.

Therefore, driving without a license will be taken quite seriously to avoid injury or damage done on the roads. Driving unlicensed is established as an offence by section 78 of the Transport Operations (Road Use Management) Act 1995, which states:

A person must not drive a motor vehicle on a road unless the person holds a driver’s licence authorising the person to drive the vehicle on the road.
Maximum penalty—
if the person committed the offence while the person was disqualified, by any court order, from holding or obtaining a driver’s licence—60 penalty units or 18 months imprisonment; or
otherwise—40 penalty units or 1 year’s imprisonment.

Key Takeaways

Driving can be a challenge. With all the elements you must be aware of at all times, it is easy to get lost in the thick of it.

However, you must be knowledgeable of the rules of the road, in order to keep yourself and those around you safe!

Failing to follow road rules can also result in serious penalties.

If you find yourself with a potential charge for a serious traffic offence, it is wise to pursue the assistance of a lawyer.

A lawyer can help to prove your innocence or talk the courtroom down from maximum penalties, so it very well may be worth your while!