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Harlowe VaneCriminal Defence

Dangerous driving · disqualified · unlicensed

Traffic & driving offences

Dangerous operation, driving while disqualified and unlawful use are criminal charges — not just demerit points. A conviction can cost you your licence, your insurance and, in the worst cases, your liberty.

Serious traffic charges are prosecuted in the criminal courts. Dangerous operation of a vehicle sits under section 328A of the Criminal Code and escalates sharply where a person is affected by alcohol or drugs, or where someone is hurt or killed.

These matters reward careful preparation. The manner of driving, the reliability of witnesses, and your traffic and personal history all shape the outcome — as does a well-built case for keeping you on the road.

The charges — and what they carry

Dangerous operation of a vehicles328A Criminal Code
Maximum penalty3 years base (5 years if adversely affected; 10–14 years if causing death or GBH)
Driving while disqualified / unlicenseds78 TORUM Act 1995
Maximum penaltyUp to 18 months imprisonment and a further disqualification
Unlawful use of a motor vehicles408A Criminal Code
Maximum penalty7 years imprisonment

Figures are statutory maximums under Queensland law. Actual sentences are usually far lower — get advice about your matter.

Defences we run

  • The driving was not objectively 'dangerous'
  • Identity — you were not the driver
  • Necessity or sudden emergency
  • Strong mitigation on penalty and disqualification

How we defend you

  1. We examine the dashcam, CCTV and any reconstruction the police rely on.
  2. We prepare the mitigation that keeps a licence and a livelihood intact wherever possible.
  3. We appear for you and keep you informed at every step.

Questions people ask

What is the difference between careless and dangerous driving?

Careless driving is a lesser, ticketable offence; dangerous operation is a criminal charge with imprisonment exposure. Part of our job is arguing that conduct charged as dangerous is, at most, careless.

I've been charged with driving while disqualified — is prison likely?

It is a possibility, particularly for repeat offending, which is why early advice matters. We build a case that addresses why it happened and why a lesser penalty is appropriate.

Speak to a criminal lawyer today

Charged with something? Don't face it alone.

Your first consultation is free and confidential. Call any hour, or send us the details and we'll come straight back to you.

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