Police with radar catching people speeding

How do I dispute a
traffic fine?

What is an Infringement Notice (or fine)?

Infringement Notices are tickets issued for particular offences.  An Infringement Notice is commonly referred to as a fine.  Common offences for which a fine is issued include:-

  • speeding;
  • running a red light;
  • toll evasion; and
  • parking fines.

The fine will be issued to you and will be handed to you at the time.  It may also be sent to you by email or post.

The fine will contain information about the alleged offence, including:-

  • the type of offence; and
  • the monetary penalty for committing the offence.

If you agree with the Notice, and admit that you committed the offence, you simply pay the monetary fine.   The details for payment will ordinarily be contained in the Notice.

Can I dispute a traffic ticket?

Yes, you can dispute the ticket if you do not believe you have committed the offence alleged in the Infringement Notice.  You must:-

  • dispute the ticket before you pay the fine.
  • notify the organisation that you intend to contest within 28 days from the date of issue of the ticket.

If you do not contest the Notice within 28 days of the date of issue, you will be unable to contest the fine.  The fine will be referred to the State Penalties Enforcement Registry (SPER) for payment.

To contest the fine, complete the relevant section contained within the Notice, or alternatively contact the organisation that issued the fine.

Do I have to go to Court?

You will need to go to Court if you are contesting a ticket that was issued by a police officer or transport inspector.  You will also need to go to Court if you are contesting an offence detected by a speed camera.

If you go to Court and are successful in contesting the charge, the charge will be withdrawn and you will not be penalised for the offence.

If you are not successful, you will be required to pay the fine.  You will also be required to pay the Offender Levy.  You can find out more information about the Offender Levy by clicking here.

You can contact our office on 07 4963 2000 or via our online contact form if you would like to speak to our solicitors about disputing an Infringement Notice.

Cassandra Adorni-Braccesi Solicitor, Wallace & Wallace Lawyers Mackay

Cassandra Adorni-Braccesi
Associate
Criminal Law

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Offender Levy

The Offender Levy is a fee payable on sentence and is used to help pay for the costs associated with Court. Every adult sentenced in Queensland must pay the Offender Levy.

I’ve Been Caught Hooning –
can my car be seized?

There are two categories of hooning offences and the police have different powers depending on which category of offence you have committed.

High Speed Driving
Offences in Queensland

High speed driving offences carry substantially more serious penalties. You may be charged with a high speed offence if you exceed the speed limit by more than 40kms an hour.

Read More
Drugs and drug utensils layed out on a table

Is it illegal to possess
a bong or pipe?

Drug Offences?

There are many offences relating to illicit substances.  These offences do not only relate to possession, but also to trafficking, producing and supplying dangerous drugs.  These are serious offences which may carry severe consequences.

There are also less serious offences regarding drug paraphernalia, such as bongs, pipes, needles an scales.  These items are referred to as “utensils” and “things”.

You should seek legal advice if you are charged with any form of drug offence.

Is it illegal to possess a bong or pipe?

Yes, it is an offence to possess “things” that are used to administer (or “take”) illicit substances if the items have been used for a drug offence.  For example, it is an offence to be in possession of a bong that has been used to smoke cannabis.

It is also an offence to be in possession of a thing which you intend to use in connection with an offence. For example, it is an offence to have a pipe that you intend to use to smoke methylamphetamine (commonly known as “ice”).

The prohibition includes any item that is used in connection with illicit substances, and can therefore include clip seal bags, scales and vacuum sealers.

What is the penalty for possession of a utensil?

The penalty for possessing a utensil used to administer, consume or smoke a dangerous drug is 2 years imprisonment (jail).

However, you may be eligible for a drug diversion program.  The programs are aimed at diverting minor drug offenders away from the Court system, by referring offenders to a drug education session.  Diversion is provided as an alternative to the other penalties available to the Court, such as issuing a fine or imposing a community based order.

You can find out more about drug diversion by clicking here.

What do I do if I get charged with possession of a utensil?

You should seek legal advice if you are charged with possession of a utensil.  You can contact our office on 07 4963 2000 or via our online contact form if you would like to speak to our solicitors or find out more information regarding your drug offence.

Cassandra Adorni-Braccesi Solicitor, Wallace & Wallace Lawyers Mackay

Cassandra Adorni-Braccesi
Associate
Criminal Law

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There are two drug diversion programs in Queensland, the Drug Diversion Assessment Program (DDAP) and Court Ordered Diversion.

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speeding car going around a corner

I’ve Been Caught Hooning –
can my car be seized?

I’ve been caught hooning, what can I be charged with?

Hooning is a broadly used term to describe anti-social behaviour while driving, such as speeding, burnouts and street racing.  There are a number of offences that may result from hooning behaviours, including:-

  • making unnecessary noise and smoke;
  • dangerous operation; and
  • racing on a public road.

The penalty imposed will be dependent on the offence you have been charged with, however, will often involve a fine or jail sentence.  Additionally, you may lose your licence for a period of time.  To learn more about whether you will lose your licence, please click here.

Impounding and immobilising your car

The police are able to impound or immobilise your car if you are involved in a hooning offence.  This is in addition to any other charges or penalties that arise from your behaviour.

There are two categories of “hooning offences”, and the police have different powers depending on which category of offence you have committed.  The categories are described as “Type 1 Offences” and “Type 2 Offences”.

Type 1 Offences

Type 1 Offences are considered more serious than Type 2 Offences.  Type 1 Offences include:-

  • evading police (not pulling over when required);
  • dangerous driving;
  • making unnecessary noise or smoke;
  • careless driving; and
  • participating (or organising) speed races.

The police can impound or immobilise your vehicle if you commit a Type 1 Offence.  If you commit a further Type 1 Offence, the police can impound or immobilise your car and seek that your car be confiscated at the end of any legal proceedings.  This is in addition to any other penalty that is imposed.

Type 2 Offences

Type 2 Offences include the following:-

  • driving without a licence;
  • high speed offences (more than 40km/hr over the limit);
  • drink driving (high range);
  • driving a modified vehicle that does not meet safety standards; and
  • driving an uninsured and/or unregistered vehicle.

The police will not impound or immobilise your vehicle the first time you are charged with one of the above offences.  However, if you are charged again, it will be impounded or immobilised.  The period of impoundment or immobilisation depends on whether it is your first, second or subsequent offence.  Ultimately, repeat offenders can have their vehicle confiscated.

Therefore, although Type 2 Offences are not considered to be as serious as Type 1 Offences, continued offending will result in a lengthy period of impoundment or immobilisation.

Where does my car go if it is impounded?

Your vehicle will be towed to a holding yard if it is impounded.  Your number plates will be removed if your car is immobilised.

Will my car be impounded if I don’t own it?

The vehicle you were driving may be impounded or immobilised, regardless of whether you own it.

Who pays for my car to be impounded?

You will be responsible for the cost of towing and storing your vehicle.  You may need to pay these costs in full before your vehicle is released.

Can I get my vehicle released early?

In some circumstances, you can make an application to have your vehicle released early.  These circumstances include:-

  • financial hardship caused by the impoundment or immobilisation;
  • you are the owner of the vehicle;
  • the impoundment or immobilisation was not reasonable.

You should seek legal advice prior to making any such application.

What do I do if I get charged with a hooning offence?

Getting legal advice, and representation at Court, will ensure the Court understands any mitigating features in your favour.  This can result in a lesser penalty being imposed.

You can contact our office on 07 4963 2000 or via our online contact form if you would like to speak to one of our solicitors in relation to hooning offences.

Cassandra Adorni-Braccesi Solicitor, Wallace & Wallace Lawyers Mackay

Cassandra Adorni-Braccesi
Associate
Criminal Law

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Offender Levy

The Offender Levy is a fee payable on sentence and is used to help pay for the costs associated with Court. Every adult sentenced in Queensland must pay the Offender Levy.

High Speed Driving
Offences in Queensland

High speed driving offences carry substantially more serious penalties. You may be charged with a high speed offence if you exceed the speed limit by more than 40kms an hour.

Drug Driving

In Queensland, there are two offences relating to driving with drugs in your system. Both offences carry significant penalties and mandatory periods of disqualification.

Read More
Police executing a search warrant

Search Warrants in
Queensland

The police don’t have a warrant.  Can they search me?

There are some circumstances where you, your home or your vehicle can be searched without a warrant.

Searching your home without a warrant

The police are able to enter and search your residence without a warrant in several circumstances, including:-

  • they have a reasonable suspicion that evidence will be destroyed if they wait for a warrant;
  • they are required to enter to arrest someone;
  • there is a crime scene;
  • they must enter the property to prevent domestic or family violence occurring;
  • they need to enter to investigate a traffic offence (such as obtaining a breath test);

There are several other circumstances in which officers can enter your home without a warrant.

You should seek legal advice if you believe your home has been entered unlawfully.

Searching you without a warrant

The police can search you without a warrant if they reasonably suspect that you are carrying various items, including:-

  • dangerous drugs;
  • stolen property;
  • a weapon (or any item you intend to use to harm yourself or others);
  • evidence of an offence (in certain circumstances).

You may also be searched if there is a reasonable suspicion that you are carrying tools that are used to break into houses or cars.

The police must respect your dignity and ensure minimal embarrassment to you.  They must also limit public searches to frisking and conduct anything more thorough away from public view (where possible).

Searching your car without a warrant

The police can search your vehicle without a warrant should they reasonably suspect there are certain items in the vehicle, including:-

  • dangerous drugs;
  • stolen property;
  • a weapon (or any item you intend to use to harm yourself or others);
  • evidence of an offence (in certain circumstances);
  • tools used to break into houses or other vehicles.

The police are also able to intercept, detain and search a vehicle to arrest someone if they reasonably suspect the vehicle is being used unlawfully.

Do I have to consent to the search?

You do not have to consent.  If you do not consent, you should clearly tell the attending officers that you do not want to be searched and do not agree to it being conducted.

However, the officers do not require your consent if one of the above circumstances apply.

You should comply with any direction given to you by the police, regardless of whether you consent.  If you do not comply with the directions, you may be charged with obstructing a police officer or failing to comply with a direction.

You can contact our office on 07 4963 2000 or via our online contact form if you would like to speak to one of our solicitors in relation to being searched by the police.

Cassandra Adorni-Braccesi Solicitor, Wallace & Wallace Lawyers Mackay

Cassandra Adorni-Braccesi
Associate
Criminal Law

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I’m going to court
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Going to Court can be a very stressful and confusing time. We often have clients who are unsure of what to wear, particularly if our client has not been to Court before. It is important to present yourself appropriately, and to dress suitably for Court. There are a few simple guidelines to follow to ensure that you are dressed appropriately.

What is a Police Banning Notice?

A Police Banning Notice may be issued by the police if you are behaving in a disorderly, offensive or violent manner in proximity to a licensed venue.

What is Public Nuisance?

If you have been charged with public nuisance, it is important to seek legal advice before your matter is mentioned before the Court.

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Speeding car through city streets

High Speed Driving
Offences in Queensland

High speed driving offences carry serious penalties in Queensland.

What is a high speed offence?

You may be charged with speeding if you exceed the speed limit allocated to a given area.  However, if you exceed the speed limit by more than 40km an hour, you may be charged with a high speed offence.  This is a more serious offence that carries substantial penalties.

What happens if I am caught speeding?

You will receive your Infringement Notice on the spot (if you are intercepted by police) or by mail or email if you are detected by a speed camera.  The Infringement Notice will set out the fine to be paid, and payment methods.

It will also set out the steps you can take should you wish to contest the Infringement Notice.  You must complete and return the relevant section to indicate that you intend to contest the Infringement Notice within 28 days of issue.  For more information click here.

What is the fine for high range speeding?

You will lose 8 demerit points and receive a fine.  The current allocated demerit points and fine amounts can be located at the Department of Transport and Main Roads website.

Will I lose my licence?

If you are charged with driving more than 40km an hour over the speed limit, your drivers licence will be suspended for a period of 6 months.

Will I have to go to Court?

You will not usually have to go to Court unless you are subject to further charges.

If you are charged with other offences, you may be required to go to Court.  For example, your conduct may result in you being charged with other traffic offences in addition to the high speed charge.  If you are required to attend Court for other offences, the Court will finalise your high speed charge alongside the other offences.

The amount of your fine will be dependent on the circumstances of your case and your argument before the Court.  You should obtain legal advice before proceeding to Court for a high speed offence.

You can contact our office on 07 4963 2000 or via our online contact form should you wish to speak to one of our solicitors regarding any traffic offences.

Cassandra Adorni-Braccesi Solicitor, Wallace & Wallace Lawyers Mackay

Cassandra Adorni-Braccesi
Associate
Criminal Law

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Offender Levy

The Offender Levy is a fee payable on sentence and is used to help pay for the costs associated with Court. Every adult sentenced in Queensland must pay the Offender Levy.

Drug Driving

In Queensland, there are two offences relating to driving with drugs in your system. Both offences carry significant penalties and mandatory periods of disqualification.

Dangerous Driving
and Careless Driving

Careless driving or dangerous driving. There is a distinct difference between these two driving offences and the penalties that they attract.

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Stressed man with head in hands leaning on a wall

Assault

Being charged with Assault, Grievous Bodily Harm or Assault Occasioning Bodily Harm in Queensland.

Assault is broadly defined in Queensland, with many different behaviours held to constitute assault. These behaviours commonly include:-

  • hitting;
  • kicking;
  • pushing;
  • touching; or
  • applying force of any kind.

There are several different offences relating to assault in Queensland. The type of offence you are charged with is directly related to whether the incident resulted in:-

  • an injury to another; and
  • the severity of any injury caused.

If no injury is caused, you may be charged with common assault. However, if an injury requires medical assistance, you may be charged with a more serious offence such as:-

  • Assault Occasioning Bodily Harm; or
  • Grievous Bodily Harm.

What is bodily harm and grievous bodily harm?

Bodily harm is any injury that a person has suffered as a result of an assault. Bodily harm is broadly defined, and can include:-

  • bruising;
  • swelling;
  • cuts, scratches and scrapes; and
  • fractured bones.

Grievous bodily harm is an injury that is far more serious than bodily harm. Grievous bodily harm is defined as:-

  • serious disfigurement or maiming;
  • the loss of a body part or organ; or
  • any other injury that would endanger a person’s life or cause permanent injury if left untreated.

You may be charged with Assault Occasioning Bodily Harm, or Grievous Bodily Harm, if you have caused an injury to another person. These are very serious offences and if you have been charged with Common Assault, Assault Occasioning Bodily Harm, or Grievous Bodily Harm you should seek legal advice immediately.

You may also be charged with Serious Assault in certain circumstances. Please click here to learn more about that offence.

Will I go to jail for assault?

The likelihood that you will spend time in custody (jail) is dependent on:-

  • the injury caused; and
  • the offence you are therefore charged with.

Common Assault is a misdemeanour and is the least serious charge of this nature. The maximum penalty is a period of imprisonment of 3 years. This charge will be dealt with in the Magistrates Court.

Assault Occasioning Bodily Harm is a crime. The maximum penalty is a period of imprisonment of 7 years. However, the maximum penalty increases to 10 years imprisonment if you were armed or pretended to be armed during the incident, or if you were in company at the time. The charge will be dealt with in either the Magistrates Court or District Court, at the discretion of the Prosecutor.

Grievous Bodily Harm is a crime. The maximum penalty is a period of imprisonment of 14 years and the charge will be dealt with in the District Court.

What do I do if I get charged with Assault, Assault Occasioning Bodily Harm or Grievous Bodily Harm?

Getting legal advice, and representation at Court, will ensure the Court understands any mitigating features in your favour. This can result in a lesser penalty being imposed. We are also able to seek (in some circumstances) that no conviction be recorded on your criminal history for the offence.

It is important to obtain legal advice if you have been charged with assault. You can contact our office on 07 4963 2000 or via our online contact form, if you would like to speak to our experienced team regarding your charge.

Cassandra Adorni-Braccesi Solicitor, Wallace & Wallace Lawyers Mackay

Cassandra Adorni-Braccesi
Associate
Criminal Law

Read More
Calendar with the words don't forget.

Failure to Appear at Court

It is an offence to fail to appear at Court when you are required to do so. If you do not attend Court in accordance with your Notice to Appear, Complaint and Summons or Bail Undertaking, a warrant may issue for your arrest. You may also be charged with the offence of failure to appear.

What if I couldn’t go to Court when I was supposed to?

You will have the opportunity to explain why you did not attend Court when you were supposed to. If you have a genuine reason for being unable to attend, you may be able to “show cause” as to why you failed to appear.

You should provide evidence to the Court as to why you were not able to attend. For example, if you were too ill to attend, you should obtain a medical certificate from your treating practitioner stating that you were not able to appear on the relevant date.

If you are able to show cause as to why you did not attend, the Court will not take further action against you.

What are the penalties for failing to appear?

If you are not able to show cause as to why you did not attend Court, or do not have any reason to have missed Court, you will be charged with failing to appear.

The maximum penalty for failing to appear is a fine of 40 penalty units (currently equating to $5,046.00) or a period of imprisonment of 2 years.

In addition to the penalties available to the Court, a conviction for failing to appear may impact your bail undertaking. In some circumstances, you may be considered an unacceptable risk of failing to appear and your bail may be revoked.

Do I need to see a lawyer?

It is important that you seek legal advice if you have missed a Court date. Your lawyer will be able to discuss with you the process for surrendering into custody, and the potential impact on your matter.

If you would like to discuss your matter, or have one of our local and experienced team represent you, please contact our office on 07 4963 2000 or by completing our online contact form.

Cassandra Adorni-Braccesi Solicitor, Wallace & Wallace Lawyers Mackay

Cassandra Adorni-Braccesi
Associate
Criminal Law

Read More
two hands punching each other - serious assault

Serious Assault

Being charged with serious assault in Queensland

Assault is broadly defined in Queensland, with many different behaviours held to constitute assault. These behaviours commonly include:-

  • Hitting;
  • Kicking;
  • Pushing;
  • Touching; or
  • Applying force of any kind.

There are several different offences relating to assault in Queensland. If no injury is caused, you may be charged with common assault. However, if an injury requires medical assistance, you may be charged with a more serious offence such as Assault Occasioning Bodily Harm (AOBH) or Grievous Bodily Harm. You can find out more information about Common Assault, Common AOBH and Grievous Bodily Harm here.

Serious assault

There are some circumstances in which an assault will be considered a “Serious Assault”, regardless of whether any injury is caused. These circumstances aggravate the assault charge as the victims are assumed to be more vulnerable. Assaulting a person in one of the following situations would constitute serious assault:-

  • a police officer while the police officer is on duty;
  • a person who is over the age of 60 years; and
  • a person someone who relies on a guide dog, wheelchair or other device.

These are some common examples of Serious Assault, however, there are other situations where you might be charged with this offence.

If you have been charged with Serious Assault, you should seek legal advice immediately.

Will I go to jail for Serious Assault?

The maximum penalty for Serious Assault is imprisonment (jail) for 7 years. However, some factors aggravate the charge further and increase the maximum penalty that may be imposed by the Court. These factors include:-

  • spitting or biting a police officer;
  • carrying or pretending to carry a weapon; and
  • causing an injury to a police officer or public officer.

In the above circumstances, the maximum penalty increases to imprisonment for 14 years.

What if the other person assaulted me first?

There are certain circumstances that may give rise to a defence of provocation. This defence may apply if you assaulted a person because you were provoked in a manner that deprived you of your ability to maintain self-control, and you reacted before you were able to regain control.

The defence will only apply in limited circumstances. You should seek legal advice about whether this defence is available to you.

What do I do if I get charged with serious assault?

We recommend you seek legal advice immediately. The charge may result in spending time in jail. It is important that you properly understand your options and any defences or mitigating issues that may be raised prior to proceeding.

You can contact our office on (07) 4963 2000 or via our online contact form if you would like to speak to our solicitors regarding serious assault.

Cassandra Adorni-Braccesi Solicitor, Wallace & Wallace Lawyers Mackay

Cassandra Adorni-Braccesi
Associate
Criminal Law

Read More
police drug test

Drug Driving

In Queensland, there are two offences relating to driving with drugs in your system. The offences are:-

  1. Driving with a relevant drug in your system; and
  2. Driving under the influence of a drug.

Both offences carry significant penalties and mandatory periods of disqualification.

Driving with a relevant drug in your system

It is an offence to drive with a relevant drug in your system. You may be charged with this offence if you return a positive roadside test for methyl amphetamine (ice or speed), MDMA (the active ingredient of ecstasy) or THC (the active ingredient in cannabis).

What are the penalties for driving with a relevant drug in my system?

The maximum penalty for driving with a relevant drug in your system is a fine of 14 penalty units (which as at 20 December 2019 equates to $1,868.30) or a period of imprisonment of 3 months.

The maximum penalty for this offence increases if you have previously been convicted of a similar offence within a 5 year period. The penalty will increase as follows:-

  1. If it is your second offence in the relevant period, the maximum penalty increases to a fine of 20 penalty units (which as at 20 December 2019 equates to $2,669.00) or a period of imprisonment of 6 months; and
  2. If it is your third or subsequent offence in the relevant period, the maximum penalty increases to a fine of 28 penalty units (which as at 20 December 2019 equates to $3,736.60) or a period of imprisonment of 9 months.

Will I lose my licence?

If you return a positive road side test, your licence will be suspended for 24 hours.

You will also be subject to a mandatory disqualification if you are convicted of this offence. The Court must disqualify you from holding or obtaining a Queensland driver licence for a period of 1 to 9 months for your first offence.

If you have a previous conviction for driving with a relevant drug in your system within a 5 year period, the Court must disqualify you for a period of 3 to 18 months. If you have been convicted 2 or more times in a 5 year period, the Court must disqualify you for a minimum of 6 months.

Driving under the influence of drugs

It is an offence to drive under the influence of a drug. You may be charged with this offence if a police officer reasonably believes that your driving was impaired due to you being under the influence of a drug. If a police officer holds reasonable suspicion, you will be required to provide a specimen of blood for analysis.

This is a more serious offence than that of driving with a relevant drug in your system, as the police are alleging that your driving was impaired by the presence of the drug in your system.

What are the penalties for driving under the influence of a drug?

The maximum penalty for driving with a relevant drug in your system is a fine of 28 penalty units (which as at 20 December 2019 equates to $3,736.60) or a period of imprisonment of 9 months.

The maximum penalty for this offence increases if you have previously been convicted of a similar offence within a 5 year period. If it is your second offence in the relevant period, the maximum penalty increases to a fine of 60 penalty units (which as at 20 December 2019 equates to $8,007.00) or a period of imprisonment of 18 months. If it is your third or subsequent offence the Court must impose a period of imprisonment as all, or part, of your sentence.

Will I lose my licence?

You will be subject to a mandatory disqualification if you are convicted of this offence. The Court must disqualify you from holding or obtaining a Queensland driver licence for a minimum of 6 months for your first offence.

If you have a previous conviction for a similar offence within a 5 year period, the Court must disqualify you for a minimum of 12 months. If you have been convicted 2 or more times in a 5 year period, the Court must disqualify you for a minimum of 2 years.

Do I need to speak to a solicitor?

Both driving with a relevant drug in your system and driving under the influence of a drug are serious offences, and carry significant penalties and periods of disqualification. We recommend that you seek legal advice to ensure you understand the process and the penalties prior to your matter proceeding. This is particularly true if you have been charged with a similar offence within a 5 year period.

If you would like to discuss your matter, or have one of our local and experienced team represent you, please contact our office on 07 4963 2000 or via our online contact form.

Cassandra Adorni-Braccesi Solicitor, Wallace & Wallace Lawyers Mackay

Cassandra Adorni-Braccesi
Associate
Criminal Law

Read More
car speeding down city street - dangerous driving

Dangerous Driving
and Careless Driving

Dangerous Driving

It is an offence to drive a motor vehicle in a dangerous manner. Dangerous operation of a motor vehicle is a criminal offence, as opposed to a traffic offence. Therefore, a conviction may be recorded on your criminal history should you be convicted of this offence.

There are significant penalties for the offence of dangerous operation of a motor vehicle. The maximum penalty is a fine of 200 penalty units (currently equating to $25,230.00) or a period of imprisonment of 3 years. You will also be subject to a mandatory minimum disqualification. The Court must disqualify you from holding or obtaining a Queensland drivers licence for a period of at least 6 months.

There are certain factors that will aggravate the offence and increase the penalties available to the Court, including:-

  1. Dangerous operation while intoxicated;
  2. Dangerous operation while excessively speeding or participating in an unlawful race or speed trial; or
  3. Dangerous operation where you have previously been convicted of a similar offence.

In the above circumstances, the maximum penalty increases to 400 penalty units (currently equating to $50,460.00) or a period of imprisonment of 5 years. The penalties further increase in circumstances where dangerous operation has resulted in the injury or death of another person.

The offence of dangerous operation is a serious offence, with substantial consequences. We recommend that you seek legal advice as soon as possible if you have been charged with this offence.

Careless Driving

It is a traffic offence to drive a motor vehicle without due care and attention, or without reasonable consideration for other road users.

Careless driving is a less serious charge than dangerous operation of a motor vehicle, and therefore carries less significant penalties. The maximum penalty for careless driving is a fine of 40 penalty units (currently equating to $5,046.00) or a period of imprisonment of 6 months.

The Court has the discretion as to whether your drivers licence should be disqualified if you are convicted of the offence of careless driving. There is no mandatory disqualification period, and the Court may therefore decide whether or not you should lose your licence as a result of the offence.

You should seek legal advice if you have been charged with careless driving. Although it is a less serious offence than dangerous operation, the penalties remain significant. Further, the Court may disqualify you from holding or obtaining a Queensland driver’s licence. It is important that you properly understand the charge and the penalties available to the Court prior to your matter proceeding.

If you would like to discuss your matter, or have one of our local and experienced team represent you, please contact our office on (07) 4963 2000 or via our online contact form.

Cassandra Adorni-Braccesi Solicitor, Wallace & Wallace Lawyers Mackay

Cassandra Adorni-Braccesi
Associate
Criminal Law

Read More
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