Traffic offences

 

We are Brisbane traffic lawyers and understand the impact a loss of licence on individuals and families. This is a serious consequence for most persons and in addition to a disqualification period or imprisonment, the amount of a fine can be significant. It is important to get advice early. We act in all minor and serious offences, whether it is for a first offence or a repeat offence. 

Traffic law is a complex area of law and requires expertise and regular practice to give accurate legal advice as it is often changing. We give comprehensive advice and can negotiate with the prosecutor to discontinue or downgrade charges if appropriate to your matter. This can mean no disqualification period. 

We can offer a fixed fee quote so that you have certainty. We work quickly and closely with you in achieving the best possible outcome because we know how important a driver licence can be to your livelihood and family. Contact us on 0449 833 887 or by the below link for  a free enquiry now. 


We advise:

  • Drink driving
  • Drug driving
  • Driving while suspended by demerit points or high speed; being, over 40 km/h
  • Unlicensed driving
  • Disqualified driving 
  • Disqualification periods
  • Special hardship licence applications
  • Work licence applications
  • Driving without due care or attention (careless driving) 
  • Dangerous operation of a motor vehicle 
  • Driving an uninsured vehicle
  • Driving an unregistered vehicle
  • Failure to stop motor vehicle 
  • Interlock 
  • Forfeiture applications 
  • Non recording of a conviction 

Drink Driving 

We can assist with all drink driving charges including:

  • Driving over the general alcohol limit but under the middle alcohol limit (DUI)
  • Driving over the middle alcohol limit but under the high alcohol limit (DUI)
  • Driving under the influence of liquor (UIL)
  • Drug driving 

Significant penalties apply including long periods of disqualification of driver's licence and terms of imprisonment for repeat offenders. In certain circumstances, you may also be subject to the interlock condition, which means at the end of any disqualification period, you will need to install an interlock device before being able to drive again. 

The first step is to obtain the relevant paperwork from the prosecutor including any traffic history. We can do this for you and provide specific advice to your case. In suitable cases we can also negotiate with the prosecutor on your behalf to discontinue the charge or reduce the penalty. Contact us on 0449 833 887 or by the below link for  a free enquiry now. 


Disqualified driving and unlicensed driving

Unlicensed driving is a common offence before the court and often arises due to a loss of demerit points or a suspension by the State Penalties and Enforcement Registry (SPER). Often, persons move houses and forget to update their address and do not receive notification from Queensland Transport. Some types of unlicensed driving offences carry a mandatory licence disqualification period. 

Disqualified driving is a particularly serious offence and carries a minimum penalty of 2 years licence disqualification. Often, a significant fine also follows. 

It is important to obtain advice early. Once retained, we conduct all communication with the court and the prosecutor. We undertake all preparation and you will not have to speak in court. Contact us on 0449 833 887 or by the below link for  a free enquiry now. 


Work licence applications &

Special Hardship Orders  

We act in all work licence and special hardship applications. This requires completion of the Application and the supporting affidavits including that of the employer. We often also recommend obtaining character references which we can assist with. It is important to get the paperwork right as you often have one opportunity. 

We conduct the full preparation on your behalf including completing the application and affidavits, filing the material in court, serving the material on Queensland Transport and negotiating with them before the hearing, and representing you in court. You do not have to say anything in court and we speak on your behalf. 

We can offer a fixed fee quote. Please contact us on 0449 833 887 or by the below link for  a free enquiry now. 


Queensland Traffic Offenders Program

If you plead guilty to any traffic offence, such as drink or drug driving, unlicensed driving, disqualified driving, hooning or speeding, you have the option to participate in the Queensland Traffic Offender’s Program (QTOP). This program is an education court diversion program which teaches participants the consequences of dangerous driving and the impact of road accidents on victims. It is designed to raise participant’s awareness of their commitment to traffic laws. Participants will learn practical skills relating to fatigue management, reducing the risks associated with alcohol and driving and avoiding the common causes of road accidents.

Participation in the program will be considered by a Magistrate who is sentencing an offender for a traffic offence. The fact that you have shown remorse for their actions and has sought education will be a mitigating factor in the sentencing process. If you are charged with a traffic offence and wish to participate in the program you should start the program as soon as possible. You may be able to complete the program before your first court appearance, or alternatively you could seek an adjournment to complete the program. To participate in the program you must enrol and pay the appropriate fee. We can advise whether the program is suitable for your case. 

Alcohol Ignition Interlock Program

The Ignition Interlock Program was introduced to address drink driving in Queensland. You will be subject to the program if you have been charged with one of the following traffic offences:

  1.  driving under the influence of alcohol
  2. a drink driving offence with a blood/breath alcohol concentration of 0.15 or more
  3. failing to provide a blood/breath specimen for analysis
  4. dangerous driving while affected by alcohol
  5. 2 or more drink driving offences of any kind within a 5-year period

After your period of disqualification ends you will need arrange to have alcohol ignition interlock installed. This is a breath test device which prevent your vehicle from starting if you have consumed alcohol. While you are subject to the program you can only drive the vehicle fitted with the interlock. To complete the interlock program you must obtain a valid driver’s licence with an ‘I’ condition, on it and have an approved interlock fitted for a minimum of 12 months. You will be responsible for paying all costs associated with your interlock, including its installation, rental, servicing and removal. If you decide not to participate in the interlock program you will not be allowed to drive for two years after the end of your disqualification period. You should seek legal advice before deciding whether to plead guilty to a charge which would subject you to the program. 

Speeding

If you have been detected speeding an infringement notice will be mailed to the address of the registered owner of the vehicle. This will state the details of the alleged offence and penalty you have incurred. If you receive an infringement notice for speeding, you have three options:

  1. Pay  the fine within 28 days and if applicable accrue the demerit points
  2. Elect to go to court to contest the infringement
  3. Nominate the driver of the vehicle if you were not operating the vehicle when the infringement was incurred

The penalty you incur will depend on the extent to which you exceeded the speed limit. Qld Government provide a list of demerit points for common traffic offences which you can access by clicking here. If you lose too many demerit points you will have to either have your licence suspended for several months or go on a good behaviour licence for 1 year. If you gain 2 or more demerit points during the good behaviour licence, your licence will be suspended for 6 months but you may contact us to discuss whether you are eligible for a special hardship licence. 

Careless driving

A person may be charged with careless driving if police find them to be driving without due care and attention or without reasonable consideration of other users of the road. There does not need to be any other cars involved in the incident for a person to be charged with careless driving. Examples of careless driving include failing to indicate when turning, crossing double white lines, or excessively accelerating.

The penalty for careless driving depends on the circumstances the offence, such as whether someone was hurt, any damage done to other vehicles or property and the person’s traffic history. The maximum penalty for careless driving is a fine of $4000 and six months imprisonment. However, generally courts issue a fine unless and deduct demerit points unless the offence was relatively serious. If charged with this offence there is also the possibility that a court will disqualify a person from holding or obtaining a drivers licence if warranted by the circumstances. The period of disqualification ranges from 1 months to absolute disqualification, depending on how serious the offence is.


Common Questions

Will I be disqualified from driving?

Some traffic offences carry a mandatory disqualification period such as drink driving, certain unlicensed driving charges, and disqualified driving. The disqualification period will depend on the reading, whether you have any traffic history, and the manner of driving alleged. After speaking with you and considering the paperwork from the prosecutor, we can advise you as to your best options. 

Can I apply for a work licence or special hardship order?

If you are charged with drink driving and wish to apply for a work licence, the BAC must be less than 0.15%. There are other requirements such as not being convicted of drink driving or similar during the last five years. If you accumulated two or more demerit points during a good driving behaviour period or you have driven more than 40 km/h over the speed limit, then the correct application is a special hardship order . The eligibility criteria is strict and we can advise according to the specific facts of your case. 

What is unlicensed driving and disqualified driving?

The law states that a person in Qld must not drive a motor vehicle on a road unless the person holds a driver licence authorising the person to drive. Penalties can range from a fine to terms of imprisonment and in some cases, the court must impose a disqualification period. This could be one month or two years or more depending on the charge. Disqualified driving is a more serious offence and is when a person drives during a disqualification already imposed by the Court.