Dangerous driving is a serious problem in Queensland. If caught intentionally driving in a and dangerous manner, the consequences can include fines, jail time, immobilisation or impoundment of your car.
Typical hooning activities include burnouts, doughnuts and driving at excessive speeds.
High-range drink driving with a blood alcohol level above 0.15% is also considered a hooning offence.
Where a hooning offence is committed, the police have the right to immobilise, impound, or confiscate a vehicle, based on the Police Powers and Responsibilities Act 2000 (Qld).
The state has some of the sternest anti-hooning laws in Australia. Since June 2022, more than 2 000 fines have been issued to those caught hooning across Queensland.
If you have been charged with hooning, specifically with high-range drink driving, and want to understand your rights and options, it’s wise to consult with a Gold Coast drink-driving lawyer.
What Exactly Constitutes Hooning?
Hooning refers to intentionally dangerous, careless, or inconsiderate behaviour in a car, van, or motorbike. Typical hooning activities are speeding, street racing, and burnouts. In addition, blaring exceedingly loud music is also considered hooning.
You don’t have to be the vehicle’s owner to commit a hooning offence. You can commit this offence when driving any car, such as that of a friend or family member.
Hooning offences are classified as either Type 1 or Type 2 offences. Depending on the type of offence and its seriousness, the vehicle involved can be impounded, immobilised, or confiscated. You may be issued an infringement notice or a notice to appear in a Magistrates court.
When impoundment is called for, the vehicle is taken to a holding yard, where it is held for the period of impoundment. With immobilisation, the police will take the registration plates and return them to you at the end of the stipulated immobilisation period.
It is also an offence to attempt to interfere with a vehicle while it is immobilised or while the licence plates have been confiscated.
High Range Drink Driving is a Type 2 Offence
Type 1 hooning offences include dangerous and careless driving, involvement in street racing, willfully making unnecessary noise or smoke with a vehicle, and evading police.
In addition to high range drink driving with a blood alcohol level above 0.15%, other Type 2 offences include:
- Driving a vehicle that is not insured or registered.
- Driving without a licence or with a suspended licence.
- Driving more than 40km/h above the speed limit.
- Driving a car that does not meet safety standards.
- Driving under a 24-hour suspension order.
With your first Type 2 offence, the vehicle involved will not be impounded or immobilised. After the second offence, the car will be seized or immobilised for seven days. With the third offence, impoundment or immobilisation will be for 90 days. And if there is a fourth offence, the vehicle will be impounded and possibly confiscated after legal proceedings against the offender.
A Gold Coast Drink Driving Lawyer Can Help Get Early Release of Your Vehicle
What if drink driving offences have caused your vehicle to be impounded, immobilised, or confiscated? You can apply to the Commissioner of Police asking for the early release of your car, and your application will need to prove the following:
- You will suffer severe financial or physical hardship without the vehicle.
- You are the vehicle owner, and the drink driving offence happened without your consent.
- The impoundment or immobilisation of the car was not reasonable.
The application needs to be made to the commissioner of police using the Queensland police’s early release of an impounded vehicle application form. Any other documents that would assist your case should be provided.
There are also three primary defences to hooning, based on the following:
- Necessity
A defendant could claim the defence of necessity If they committed the crime of hooning to prevent something terrible from occurring.
- The Defendant Was Distracted
A defendant can raise the defence that something that distracted them while driving led to them committing the offence.
- The Accused Has a Permit
If a defendant obtained a permit from the commissioner of police prior to organising or participating in street racing, they might not be guilty of hooning.
It is prudent to consult with a drink driving lawyer in the Gold Coast for expert advice and assistance on your possible rights.
Conclusion
Hooning offences are taken very seriously in Queensland, and the penalties can be quite severe. If you or a family member need help with a high-range drink-driving situation, contact a Gold Coast drink-driving lawyer for a consultation. They will help you achieve the best possible outcome for your circumstances.