Driving during peak time on seemingly empty streets is a sure sign of a community in lockdown. Another sign? Street ‘hooners’.
As South-East Queensland undergoes another COVID-19 lockdown, the empty streets in central Brisbane and surrounding suburbs have seen an undeniable influx of street hooning. Whether you’re new to the roads or are a self-proclaimed motor vehicle enthusiast, this dangerous driving offence should be brought to your attention.
What do you know about hooning?
One may consider you very lucky if you have not heard, seen or witnessed the act of street hooning; as it can be a frequent street disturbance for some neighbourhood citizens.
Hooning is a common word that defines the dangerous driving of a motor vehicle or anti-social behaviour in a motor vehicle that could include, but is not limited to:
• speeding; • racing; • burnouts; • loud music; and • driving under the influence.
There are Two Different Types of Hooning Offences
There are two types of hooning offences as outlined by Queensland law, varying depending on the severity of the hooning offence. These are now classed into either ‘type 1’ or ‘type 2’.
Type 1 hooning offences involve: dangerous driving, careless driving, speed racing, making unnecessary motor noise or smoke and evading police. Type 2 hooning offences involve: driving an unregistered and uninsured vehicle, unlicenced or suspended licence driving, drink driving (of a high range), exceeding speed limits by more than 40km/hr, driving uncompliant motor vehicles and more.
Both types bring forward the possible penalties of infringement notices, a court notice or arrest. Other penalties are dependent on the severity of the offence.
Street Hooning Can Lead To $5,500 Fine and Prison Time
The most serious of offences such as careless driving (or driving without due care and attention) or street racing can carry a maximum fine of $5,514- and 6-months prison time.
Impounding, immobilising or confiscating motor vehicles
Police have the power to impound, immobilise or confiscate motor vehicles used to commit the hooning, dangerous driving or careless driving offence in addition to infringement notices or court penalties. This will vary depending on the type of offence and if it is a first time or repeated offence.
Impoundment costs
If your car is impounded, it could be confiscated at the end of any legal proceedings made against you. Whilst impounded you’ll have to pay for it to be towed to the impound lot and for it to be store there, making it one costly ordeal.
Can you apply for the early release of an impounded motor vehicle?
Yes, applications can be made however they do not guarantee early release.
The application will be made online or in writing to the Queensland Police Service, where you must prove that:
• the lack of vehicle is causing you severe financial or physical hardship; • you own the vehicle, but did not commit the offence (and it happened without your consent); or • the impoundment or immobilisation was in some way unreasonable
In the case that the Queensland Police Service refuse this application, there is room to appeal the decision at the Magistrates court. There are various involvements within this such as time limits, substantial evidence, documents and more. If you’re about to face the recovery of your motor vehicle in front of the court, it’s important to obtain professional legal advice beforehand. Creevey Russell Lawyers will be able to assist you in these events.
Are you facing a hooning charge in Queensland?
Creevey Russell Lawyers are skilled in all areas of the law, including traffic and criminal law. Having proven experience in these areas, we are more than willing you support you during this time. Please contact us today so we can discuss your situation. We have offices in Brisbane, Toowoomba and Roma.
How can I contact Creevey Russell Lawyers?
You can call us on 07 3009 655, email us at creeveyrussell@crlawyers.com.au or call our 24/7 Crime Hotline on 1800 2746 3529.
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