What the Law states - Dangerous Driving
Section 84(1) of the Transport Operations (Road Use Management) Act Queensland states:
Any person who drives a vehicle (other than a motor vehicle), a tram, a train or an animal on a road dangerously is guilty of an offence...
Note: This offence relates to bicycles, horses and other vehicles that do not rely on a motor to move. If the vehicle has a motor it is likely you have been charged with the offence of 'Dangerous Operation of a Motor Vehicle'. That offence is a crime under s 328A of the Criminal Code Queensland, for more information click here.
What the Police must prove - Dangerous Driving
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
The accused:
(1) Drove a vehicle (other than a motor vehicle), a tram, a train or an animal; and
(2) Drove that vehicle dangerously on a road.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum Penalty - Dangerous Driving
Maximum penalty-
(1) First time committed this offence - 4 penalty units or 6 months imprisonment.
(2) Second time committed this offence - 8 penalty units of 1 month imprisonment.
(3) Third time committed this offence - period of imprisonment imposed for at least part of punishment.
Penalty unit = $100.00
Which court will hear the matter - Dangerous Driving
Under section 3(5) of the Criminal Code Act Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.
Possible Defences - Dangerous Driving
Possible defences to this offence include but are not limited to
1. The driving was not dangerous in all the circumstances.
2. The driving did not occur on a road
3. Duress - example: there was a threat of harm to the accused or another person that the accused reasonably believe would be carried out if he/she did not do the acts that constituted dangerous driving.
4. Necessity - example: there was an extraordinary emergency that compelled the accused to drive in a manner that was dangerous.
5. Insanity
6. Identification i.e. the accused was not the driver
Criminal Law Article written by Bill Potts (Queensland criminal defence lawyer who is experienced in Dangerous Driving matters)
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