What the law says
Section 83 of the Transport Operations (Road Use Management) Act Queensland 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.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
(1) Drove a motor vehicle; and
(2) Failed to drive:
- (a) with due care and attention; or
- (b) reasonable consideration for other persons using the road or place.
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- 40 penalty units or 6 months imprisonment.
Note the Police have power to impound or forfeit your vehicle for repeat offence. For more information please click here.
Penalty unit = $100.00
Which court will hear the matter
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 to this offence include but are not limited to
1. The accused in fact drove reasonably in all the circumstances.
2. The accused in fact showed reasonable consideration in all the circumstances.
3. Duress example: there was a threat of harm against the accused or another person that the accused reasonably believe would be carried out if he/she did do the act/s that constitute the offence.
4. Necessity/Accident – example: there was an extraordinary emergency that compelled the accused to drive without due care and attention and without reasonable consideration for others.
6. Identification i.e. the driver was not the accused.
7. Mistake of fact – example: the accused believed that circumstances existed that allowed him/her to drive with a different standard of care and attention (i.e. believed that were involved in a legitimate race or speed trial).