Are you wondering what steps to take after being arrested for drink or drug driving in Queensland? Read this informative article and discover the necessary actions to safeguard your rights and navigate the legal process.

Introduction

Getting arrested for drink or drug driving can be a distressing and overwhelming experience. It is crucial to know what steps to take next to protect your rights and ensure a fair legal process. In this article we will discuss the necessary actions you should consider after an arrest. For residents of Queensland seeking professional assistance, we recommend consulting a reliable traffic law firm that specialises in traffic offences and criminal law.

Let's dive into the details and shed light on what you should do next. Its essential to handle the situation strategically and seek proper legal guidance. Here are the steps you should consider:

Stay calm and cooperate with authorities

Upon being pulled over and arrested for drink or drug driving, it's crucial to remain calm and cooperate with the authorities. Losing your temper or resisting arrest can lead to further legal complications. Remember, staying composed will help you make better decisions moving forward.

Exercise your right to remain silent

As the police question you about the incident, it's important to exercise your right to remain silent. You have the right not to incriminate yourself. Politely inform the officers that you would like to consult with your lawyer before answering any questions or invoke your right to silence and only answer the questions you need to. This simple step can prevent you from unintentionally saying something that could be used against you later.

You should not give information to police about the amount of alcohol you have consumed or any drugs you may have taken.

What questions do I need to answer?

You will need to provide the following to the police if they ask;

• your name and address
• your date of birth
• show your driver's licence

Providing a sample of breath or blood

It is also an offence to refuse or fail to provide a specimen of breath for analysis.  If you are charged with this you are considered to have committed a high range drink driving charge (DUI).  You cannot apply for a work licence if charged with refusing a breath or blood test.

Police have the power to require someone to provide a specimen of breath, saliva, or blood for the purposes of determining that person’s blood-alcohol content. A police office may only make this request if the officer reasonably suspects that the person either drove a motor vehicle, attempted to drive it, or was in charge of the vehicle up to 3 hours prior (note that the definition of being “in charge” of a vehicle is quite broad – the person need only be in a position to be able to operate the vehicle without first taking control of the vehicle from someone else). The police may also require someone to provide a specimen of breath, saliva, or blood at the scene of a traffic accident that caused injury, death, or damage to property.

Once a police officer makes such a request, that officer may take the person to the nearest police station, or to some other place (such as a hospital) that has the necessary equipment for carrying out a breath or blood test. The person may be taken there by force, if necessary. The police officer may require multiple samples of either breath or blood if it is reasonably necessary to do so in order to complete testing.

If you refuse a breath test you cannot then request a blood test and vice versa.

See our main drink driving page for more information on possible defences to not giving a sample.

Seek legal representation

Consulting a reputable law firm based in Queensland that specialises in drink or drug driving cases is crucial. Experienced lawyers can guide you through the legal process, protect your rights, and provide the best possible outcome. They have in-depth knowledge of Queensland's traffic laws and can analyse the specifics of your case to build a strong strategy to reduce the penalty.

Understand the consequences

Being aware of the potential consequences of the charges is important. Drink or drug driving offences in Queensland carry significant penalties, including fines, licence disqualification, mandatory drink or drug education and even imprisonment in very severe cases. Consulting with a lawyer will help you understand the specific consequences related to your situation.

Attend court hearings and comply with requirements

Throughout the legal process, it's crucial to attend all court hearings and comply with any requirements set by the court.  This is especially true of any bail conditions. 

Failure to do so can result in additional penalties and negatively impact your case. Your lawyer will guide you through these proceedings and ensure you fulfill all necessary obligations.

Rehabilitation programs

In some cases, attending rehabilitation programs voluntarily can demonstrate your commitment to addressing any substance abuse issues and may be viewed positively by the court. Your lawyer can provide advice on suitable programs and help you present this option to the court, potentially influencing the outcome of your case.  In addition completing a traffic course such as QTOP is looked on very favourably by the courts.

Negotiate with the prosecutor

Based on the evidence and circumstances of your case, your lawyer may explore the option of negotiating with the prosecution. Alternatively, if there are strong grounds to challenge the charges, your lawyer can represent you in court and fight for a favourable verdict.

FAQs

Can I refuse a drink or drug test during a traffic stop?

Answer: No, in Queensland, you cannot refuse a drink or drug test when requested by a police officer during a traffic stop. Refusal to undergo testing can lead to penalties similar to being charged with high range drink driving or driving under the influence of a drug.

How long will my license be disqualified if I am convicted of drink or drug driving?

Answer: The length of license disqualification depends on various factors, including the nature of the offence, whether it is a first-time or repeat offence, and your blood drink or drug concentration level. It's best to consult with a lawyer to understand the specific implications in your case.

Will I go to jail if convicted of drink or drug driving?

Answer: Jail time is a possible outcome for drink or drug driving offences, especially for repeat offences or cases involving aggravating factors such as a person being injured. However, the final outcome depends on the specific circumstances and the quality of your defence.

Can I represent myself in court for drink or drug driving charges?

Answer: While it's technically possible to represent yourself, it's strongly recommended to seek legal representation for drink or drug driving charges. Experienced lawyers have a deep understanding of the legal system, know the best defence strategies, and can significantly improve your chances of a favourable outcome.

Will I get a criminal conviction for drug or drink driving

While drug or drink driving is a criminal offence the conviction, if recorded, would go on your traffic history but not on your criminal history.  This means a person doing a criminal background or police check would not see the drink driving offence recorded however it would show on a person’s traffic history for 5 years.

Conclusion

If you find yourself arrested for drink or drug driving in Queensland, it is vital to take the appropriate steps to protect your rights and navigate the legal process effectively. Remember to stay calm, exercise your right to remain silent, and seek legal representation as soon as possible. A skilled law firm based in Queensland can provide expert guidance and support throughout your case, increasing your chances of a favourable outcome. By understanding the consequences, gathering evidence, exploring defences, and fulfilling your obligations, you can work towards resolving the situation in the best possible manner.

Our Experience

Since 2010 we have been representing people throughout Queensland who have been charged with a drug or drink driving charge and need a good traffic lawyer to represent them.  We aren’t a firm that does traffic law as just one area of law, we do traffic law exclusively. 

We strive to give you immediate comprehensive advice and a fixed fee so you can be sure of your legal costs and whether you qualify for a work licence.  While we will never be the cheapest we do offer the best value in our humble opinion.

Our Founder Steven Brough is one of the most respected and experienced traffic lawyers in Queensland.

Click here to see what we charge.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. Click here to book a teleconference at a time that suits you
4. Email our firms founder at This email address is being protected from spambots. You need JavaScript enabled to view it.
5. Send us a message on Facebook Messenger

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink or drug driving. You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink or drug driving charge will have an impact on you, your family and your employment or business.  

If you plead guilty to a drink driving charge in Queensland are you pleading guilty to a criminal offence and will a criminal conviction be recorded?  In other words Is drink driving a criminal offence in Queensland?

What are criminal offences in Queensland?

In Queensland we have 4 levels of offences,

• Crimes

• Misdemeanours

• Simple Offences

• Regulatory offences

Crimes are the most serious, misdemeanours are less serious and the least serious is simple offences and regulatory offences. Technically criminal offences comprise crimes, misdemeanours and simple offences but not regulatory offences.

Section 3 of the Criminal Code sets out the distinctions between the different types of offences and states;

(1) Offences are of 2 kinds, namely, criminal offences and regulatory offences.

(2) Criminal offences comprise crimes, misdemeanours and simple offences.

(3) Crimes and misdemeanours are indictable offences; that is to say, the offenders can not, unless otherwise expressly stated, be prosecuted or convicted except upon indictment.

(4) A person guilty of a regulatory offence or a simple offence may be summarily convicted by a Magistrates Court.

If the law does not specifically state an offences classification, it will be regarded as a simple offence.  As the law does not specifically state the classification of drink driving it is therefore considered to be a simple offence.

Simple offences

Simple offences and regulatory are the least serious types of offence in Queensland.    They are dealt with in the Magistrates Court.  They are also called summary offences.

Drink driving is a simple offence which does technically make it a criminal offence but not an indictable offence.

Misdemeanours and Crimes

Crimes and misdemeanours are indictable offences; that is to say, the offenders cannot, unless otherwise expressly stated, be prosecuted or convicted except if an indictment has been presented in the District or Supreme Court.  The law does provide that for certain situations an indictable offence may be dealt with summarily in the Magistrates Court (ss 552A–552J Criminal Code).

What are traffic offences in Queensland?

There is no legal definition of traffic offences in Queensland.  Drink and drug driving is considered to be simple offences but other driving related offences like dangerous driving are considered to be crimes or misdemeanours depending on how serious the facts are. 

Can some traffic offences be criminal offences?

Yes, dangerous driving causing death or being intoxicated is a crime.

What does the law say about recording a conviction?

Section 12(1) of the Penalties and Sentences Act provides that the court may exercise a discretion to record a conviction or not.

In considering whether or not to record a conviction, the court must have regard to all circumstances of the case, including:

1. the nature of the offence; and

2. the offender’s character and age; and

3. the impact that recording a conviction will have on the offender’s economic or social wellbeing; or chances of finding employment.

The law is in place as it recognises that the recording of a conviction can have a huge impact on a person even years after the offence has been resolved in court.

How does the Magistrate decide whether to record a conviction?

Section 12 is not exhaustive which means the court must consider the factors in section 12 but can consider other things as well. 

Generally the court will be looking at:-

The nature of the offence

This is fairly obvious the more serious an offence the more likely a conviction will be recorded.  With drink driving the court will look at the BAC reading and whether any accident occurred.

The offender’s character and age;

Younger offenders are more likely not to have a conviction recorded for a drink driving charge.  This does not mean older offenders will automatically have a conviction recorded as an offenders character is also taken into account.  Character would usually be judged on a persons traffic and criminal history (if any).

The impact that recording a conviction will have on the offender

The impact of the recording of a conviction must be taken into account by the court.  Given the conviction is going to be recorded on the traffic and not criminal history a person would have to show how a traffic conviction will impact them negatively.  This might be a truck driver who if they get a conviction recorded their employer will fire them or they will find it hard to get employment in the future.  Employers are increasingly asking for new applicants for a job to show them their traffic history.

The inability to travel overseas or get insurance if a conviction is recorded might also be grounds for the court to consider.

In the past the courts have generally considered they should record a conviction for a traffic offences however the cases of Wilson v Commissioner of Police & Clinton v Commissioner of Police  have shown that a magistrate cannot simply automatically record a conviction for drink driving without properly considering the factors in section 12.

As the judge in Wilson said

 “The recording of a conviction is both a legal and social censure, which results in a diminution of a defendant’s character in the community”

So is drink driving a criminal offence or not?

Drink driving is a simple or summary offence which under Queensland law is a criminal offence so yes drink driving is a criminal offence in Queensland but not a crime (we know it gets confusing).

So if drink driving is a criminal offence is this going to go on my criminal history?

While drink driving is a criminal offence the conviction, if recorded, would go on your traffic history but not on your criminal history.  This means a person doing a criminal background or police check would not see the drink driving offence recorded however it would show on a person’s traffic history for 5 years.

I don’t want the court to record a conviction on my traffic history

Well thought out submissions to the court addressing section 12 factors can help minimise the chance the court will record a conviction.  Remember you need to show how the recording of a conviction on a traffic history will affect that persons offender’s economic or social wellbeing or chances of finding employment.

Where can I find more information on drink driving?

We have a whole page on our website devoted to drink driving.

Are you able to help me with a drink driving charge?

Absolutely Clarity Law has helped thousands of people throughout South East Queensland acting as their drink driving lawyers to ensure the best outcome including the non-recording of a conviction.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to call you back

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click to go to our main drink driving page

Drug driving is a serious offence that can have significant consequences for both the driver and other road users. In Queensland, drug driving is a criminal offence that carries severe penalties, including fines, licence disqualification, and possible imprisonment if someone has been injured in an accident. This article will provide an overview of first-time drug driving offences in Queensland, including what to expect if charged and possible defences against the charges.

Introduction

Drug driving refers to driving a vehicle while under the influence of drugs, including illegal drugs and prescription medication. Drugs can affect a driver's ability to operate a vehicle safely, leading to accidents, injuries, and fatalities. In Queensland, drug driving is a significant problem, with more than 15% of drivers involved in fatal crashes testing positive for drugs.

Understanding drug driving offences in Queensland

The legal limit for drugs while driving in Queensland is zero. This means that any trace of drugs in a driver's system can result in a charge of drug driving. Queensland police use saliva testing to detect drugs in drivers, including cannabis, methamphetamine, ecstasy, and cocaine. If a driver tests positive for drugs, they can be charged with a drug driving offence.

Penalties for first-time drug driving offences in Queensland can be severe, including fines of up to $1,800, licence disqualification of 1 to 9 months for a first time open licence offender. 

What to do if charged with a first-time drug driving offence

If charged with a first-time drug driving offence in Queensland, it is important to seek legal advice from qualified drug driving lawyers who specialises in traffic offences. The lawyer can advise the driver on their rights, possible defences, and the best course of action to take.

Appearing in court is a mandatory requirement for drug driving offences. The driver can choose to plead guilty or not guilty to the charges. If pleading guilty, the driver can present mitigating circumstances to the court to seek a more lenient penalty. If pleading not guilty, the driver can contest the charges by presenting evidence to the court to support their defence.

A first-time drug driving offence can have a significant impact on the driver's licence, with licence disqualification periods ranging from 1 to 9 months.   It might be possible to apply for a work licence to mitigate the impact of the disqualification.

Avoiding drug driving offences in Queensland

The best way to avoid drug driving offences in Queensland is to stay drug-free before driving. This includes avoiding illegal drugs and ensuring that any medication being taken is not impairing the driver's ability to operate a vehicle safely. Drivers should be aware of the potential side effects of medication and consult with a doctor or pharmacist if they have any concerns.

If a driver is planning on consuming drugs or alcohol, they should make alternative transport arrangements, such as using public transport, a designated driver, or ride-sharing services.

Conclusion

A first-time drug driving offence in Queensland can have severe consequences for the driver, including fines, licence disqualification, and a criminal record. It is important to understand the legal limit for drugs while driving, the types of drugs tested in Queensland, and the possible defences against drug driving charges. Seeking legal advice and appearing in court are essential steps for drivers charged with a drug driving offence. The best way to avoid a drug driving offence is to stay drug-free before driving and make alternative transport arrangements if planning on consuming drugs or alcohol.

FAQs

• What is the legal limit for drugs while driving in Queensland?

The legal limit for drugs while driving in Queensland is zero.

• What types of drugs are tested in Queensland for drug driving?

Queensland police use saliva testing to detect drugs in drivers, including cannabis, methamphetamine, ecstasy, and cocaine.

• Can a driver charged with a first-time drug driving offence plead not guilty?

Yes, a driver charged with a first-time drug driving offence can plead not guilty and contest the charges by presenting evidence to the court however there are only limited defences to a drug driving charge

• How long can a driver's licence be disqualified for a first-time drug driving offence in Queensland?

Licence disqualification periods for first-time drug driving offences in Queensland can range from 1 to 9 months.

• Where can I find a good lawyer for a drug driving lawyer in Brisbane?

Drug Driving Lawyer Brisbane

• What is the best way to avoid a drug driving offence in Queensland?

The best way to avoid a drug driving offence in Queensland is to stay drug-free before driving and make alternative transport arrangements if planning on consuming drugs or alcohol.

We often have clients charged with drug driving ask if you are charged with drug driving can you get a work licence?

What is a work licence?

A work licence is a special type of authority issued by the court that allows you to keep driving for work purposes even though your licence becomes disqualified by the court for drug driving.

What are the drug driving laws in Queensland?

In Queensland we have 2 types of driving charges relating to the presence of drugs in your system, these are;

1. Driving with a relevant drug present
2. Driving under the influence of a drug

What is a relevant drug?

In Queensland a relevant drug is one of 3 drugs:

1. Methylamphetamine – also known as speed or ice
2. MDMA – the active ingredient in ecstasy
3. THC – the active ingredient in cannabis

What other drugs can cause a drug driving charge?

For a charge of driving with the relevant drug in your system then the drug must only be one of the relevant drugs listed above.

However any drugs you take whether they are legal, illegal, prescribed or not if the police believe those drugs have so negatively affected your ability to drive then they can charge you with being under the influence of that drug. 

Now that we understand the types of drug driving charges in Queensland its important to then understand how those charge affect the ability to make an application for a work licence.

If you want a further summary visit our guide to drug driving laws in Queensland.

Am I eligible to get a work licence?

To be eligible to apply for a work licence you must:

1. Hold a current Queensland open driver's licence for the vehicle you were driving. The open licence must have been held at the time of committing the offence. 
2. The drug driving offence must be been driving with a relevant drug and not drug driving under the influence.
3. Not have been driving for your job at the time you were charged. There are some exceptions where driving is not the main component of your job e.g. labourers driving to a work site or fencing contractors picking up materials to use onsite
4. Not have been driving under a licence a learner, provisional, probationary or restricted license.

In addition in the last five years you must not have:

• been convicted anywhere of drink driving or drug driving or a similar offence
• been disqualified by any court
• had a licence suspended or cancelled (except in some limited circumstances like certain SPER suspensions that did not go to court).
• Applied for a work licence

Why is a work licence important for drug driving charges?

In Queensland we have mandatory periods of disqualification.  This means that if you plead guilty to drug driving then you are going to be disqualified for a period of time.  A work licence would be important to enable a person to keep driving, for work, during that disqualification.

Can I get a work licence?

If you are charged with driving or being in charge of a vehicle with cannabis, ecstasy or ICE in your saliva or blood, in other words a relevant drug charge, then you may be able to get a work licence but this must be done at the time you appear in the court to plead guilty, it cannot be done afterwards.

If you are charged with driving under the influence of a drug you cannot apply for a work licence or indeed any type of licence to keep driving during your disqualification. 

In summary people charged with driving with a relevant drug in the system may be able to apply for a work licence, those charged with driving under the influence of a drug definitely cannot.

If the work licence is granted how does it work?

A work licence if granted allows a person to drive for purposes directly connected with the means of earning an income.  A work licence is available to employed and self-employed people.  A work licence will allow you to drive to and from your place of work using the shortest route possible as well as drive for any required work duties.

To make an application for a work licence you must provide the court with an affidavit of yourself and, if not self-employed, an affidavit of your employer.  Your affidavit will need to address your personal, work, financial and driving circumstances.

Your employer’s affidavit must also address why you need a licence for your job and an explicit statement that you will lose your job unless you are issued with a work licence.

The affidavit must be in the correct format, contain all the necessary information to satisfy the magistrate and properly witnessed.  The affidavits must also be accompanied by an application form.

For more information on applying for a work licence if charged with drug driving or go to our work licence webpage for more information or to our main drug driving page.

What Does a Traffic Lawyer Do and How Can They Help Me?

If you have ever been charged with a traffic offence, you may have wondered whether hiring a traffic lawyer is worth the expense. The truth is, traffic charges can have serious consequences, including fines, points on your driving record, and even the disqualification of your drivers licence. In this article, we will explore what traffic lawyers do and how they can help you.

Table of Contents

1. Introduction
2. Understanding Traffic Offences
3. What Does a Traffic Lawyer Do?
4. Benefits of Hiring a Traffic Lawyer
5. When to Hire a Traffic Lawyer
6. How to Choose the Right Traffic Lawyer
7. Working with a Traffic Lawyer
8. Traffic Lawyer Fees
9. Conclusion

1. Introduction

Traffic charges can range from more minor charges, such as a careless driving or unlicenced , to more serious offenses, such as drink driving, drug driving, disqualified driving  and evading police.   Depending on the nature of the violation, you may face fines, points, license disqualification, or even prison time. In such cases, hiring a traffic lawyer can be a wise investment.

2. Understanding Traffic Offences

Each state has its own laws regarding traffic offences and the consequences for committing them.  Typically in Queensland the most common offences that bring someone to court are

Drink Driving - DUI is one of the most serious traffic offences a person can find themselves charged with. In Queensland unlike other states there is a mandatory requirement to disqualify a person’s drivers licence no matter what the personal circumstances are or the affect a disqualification will have on a person and their family.

Drug Driving - Drug driving in Queensland is becoming one of the most common traffic offences that can bring people to court. There are two possible drug driving charges in Queensland either; driving whilst a relevant drug is in the system; or driving under the influence of a drug.

Unlicensed Driving - Unlicensed driving is a charge that can cover many different types of situations. The charge in its simplest form applies to people who have simply forgotten to renew their licence but at its most serious it covers people who have been disqualified from driving by a Queensland court and have been caught driving again.

Careless Driving - Careless driving is also known as driving without due care and attention or reckless driving. Although the charge is less serious than dangerous driving, which is a criminal charge, it can still carry a driver licence disqualification period and fine.

Dangerous Driving - Dangerous driving or dangerous operation of a motor vehicle is one of the most serious traffic offences in Queensland. Dangerous driving is a criminal offence not just a traffic offence meaning a conviction can have very serious consequences.

Disqualified Driving - Disqualified driving is an extremely serious charge in Queensland. Courts are particularly hard on these types of offences as to be charged with disqualified driving you must have been disqualified by a court but still chosen to drive.

Work Licences - If you have been charged with a drink or drug driving offence in Queensland you may be entitled to apply for a work licence. A work licence is also known as a restricted licence, workers licence, section 87 licence or day licence.

Hardship Licences - Special hardship licences or hardship licences are an option the Queensland Magistrates courts have to allow a person to continue to drive even though their licence will be suspended by Queensland Transport.

Licence Reinstatement Applications – Licence applications to have a drivers licence reinstated after 2 years of a disqualification.

Evading Police - The charge of evading police, also known as failing to stop is an extremely serious charge with the Queensland Government enacting some of the toughest legislation in the country.

3. What Does a Traffic Lawyer Do?

A traffic lawyer is a legal professional who is an expert in representing clients charged with traffic offences. They are trained in the specific laws and regulations related to traffic offences and have experience navigating the legal system. A traffic lawyer can represent you in court, negotiate with prosecutors, and help you understand your rights and options.

What traffic lawyers do can be broken down to the following areas:

1. Represent You in Court

One of the most important services that traffic lawyers provide is representation in court. If you’ve been charged with a traffic offence, or need to continue driving if your licence is to be suspended or disqualified a traffic lawyer can represent you in court and advocate on your behalf. They can present your case, challenge evidence against you, and negotiate with the prosecutor to try to get your charges reduced or dismissed. 

2. Help You Navigate the Legal System

Traffic law can be confusing and overwhelming, especially if you’re not familiar with the legal system. Traffic lawyers can help you navigate the legal system and ensure that you understand your rights and options. They can explain the charges against you, the potential consequences, and the legal process involved.

3. Provide Legal Advice

Another service that traffic lawyers offer is legal advice. They can advise you on the best course of action for your case, based on the facts and circumstances. They can help you understand the potential consequences of different options and make an informed decision.

4. Assist with License Suspension

If your driver’s license is in danger of being suspended a traffic lawyer can assist you in taking steps to avoid these consequences. They can represent you in court for a work licence or special hardship licence application to try to keep you on the road.

4. Benefits of Hiring a Traffic Lawyer

There are many benefits to hiring a traffic lawyer, including:

• Reduced penalty: A traffic lawyer can often present your case in such a way that the court will reduce the penalty and disqualification period.
• Avoiding court appearances: A traffic lawyer can often appear in court on your behalf, saving you time and hassle.
• Avoiding jail time: In cases where jail time is a possibility, a traffic lawyer can work to have the charges reduced or dismissed.
• Expert advice: A traffic lawyer can provide valuable advice on how to proceed with your case, including whether to plead guilty or fight the charges.
• Reduce Stress: you have someone on your side fighting for the best outcome.

5. When to Hire a Traffic Lawyer

You may want to consider hiring a traffic lawyer if:

• You have been charged with a traffic offence and given a court date
• You are facing the suspension of your driver's license.

6. How to Choose the Right Traffic Lawyer

When choosing a traffic lawyer, it is important to consider factors such as experience, expertise, and cost. Look for a lawyer who are do in traffic offences, has experience in your area, and has a track record of success. Consider scheduling a consultation to discuss your case and get a sense of the lawyer's approach.

7. Working with a Traffic Lawyer

Once you have hired a traffic lawyer, it is important to communicate openly and honestly about your case. Provide any relevant information or documentation and be clear about your goals and expectations. Your traffic lawyer will work with you to develop a strategy for your case and keep you informed about any developments.

8. Traffic Lawyer Fees

The cost of hiring a traffic lawyer can vary depending on the complexity of your case and the lawyer’s experience. Some lawyers charge a flat fee for their services, while others charge by the hour.  Having a fixed fee means you know exactly what your legal fees will be.  Brisbane traffic lawyers will generally charge a fixed fee while more regional Queensland areas it may be by the hour.

9. Conclusion

If you’ve been charged with a traffic offence or face the suspension of your drivers licence , it’s important to understand your rights and options. A traffic lawyer can provide valuable services to help you navigate the legal system, understand your charges, and advocate on your behalf. Whether you’re facing a minor traffic charge or a more serious offence, a traffic lawyer can help you achieve the best possible outcome for your case.

What Matters Can Clarity Law Help Me With?

We can help with any matter where you need to go to court or your licence is to be suspended including?

Drink Driving

Drug Driving

Unlicensed Driving

Careless Driving

Dangerous Driving

Disqualified Driving

Evading Police

Work Licences

Hardship Licences

Licence Reinstatement Applications

What Matters Can’t You Help Me With?

We don’t do any challenging of infringement notices like seat belt offences, speeding offences etc or how to apply for a driver’s licence or drivers authority

Our Experience

Since 2010 we have been representing people throughout Southeast Queensland who have been charged with traffic offences and need a good traffic lawyer to represent them.  We aren’t a firm that does traffic law as just one area of law, we do traffic law exclusively. 

Our client’s often come to us nervous, worried and needing answers.  This is not a time for uncertainty over your future nor the costs you will pay.  The stress that a traffic charge causes to people can be overwhelming, having an experienced traffic law firm to help will give you a lot of relief.

We strive to give you immediate comprehensive advice and a fixed fee so you can be sure of your legal costs.  While we will never be the cheapest we do offer the best value in our humble opinion.

What Courts do you Appear in?

We appear in every court in Southeast Queensland from Southport to Hervey Bay.  Just some of the courts we appear in include;

Brisbane

Beenleigh            Brisbane              Cleveland           

Holland Park       Pine Rivers          Richlands            

Sandgate             Wynnum

Sunshine Coast

Caboolture         Caloundra           Gympie

Maroochydore   Nambour             Noosa

Gold Coast

Beaudesert        Coolangatta        Southport

Darling Downs

Gatton   Toowoomba   Ipswich

Fraser Coast

Maryborough    Hervey Bay

Where are Your Offices Located?

We have 7 offices across Southeast Queensland so you will always have a traffic lawyer near me.  Please always ring first as your local office may be unattended if our staff are in court.  We have spent years developing systems that mean in most cases you wont even need to come in to see us to engage the best legal representation.

Maroochydore

Brisbane

Brendale

Gold Coast

Ipswich

Loganholme

Hervey Bay

Our Team

Every one of our traffic lawyers is extremely experienced appearing in the courts every week representing people charged with traffic offences.

Steven Brough – Founder and traffic lawyer

Russell Tannock – Traffic lawyer

Jacob Purden – Traffic lawyer

Belinda Smyth – Client Services Manager

What Do You Charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills. 

We are also upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you.  Clarity Law on the other hand are happy to list our prices as we are sure that although we are not the cheapest our prices given our experience is very competitive.  Our prices for a guilty plea include;

• full preparation for court to ensure the best outcome including checking for defences and devising strategy to minimise penalty
• communication with the police prosecution unit including obtaining traffic history and charge documents (QP9)
• arranging for you to attend a driving course (if appropriate)
• all telephone calls, emails and meetings with you
• detailed information to you on the likely penalty and information on what will happen at court and afterwards
• appearing in the court with you for your guilty plea to the traffic charge
• answering any follow-up questions you may have

Click here to see what we charge

If I Contacted You What Would Occur?

If you contact us then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email. They have over 45 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Everyone of our lawyers are very experienced with thousands of courts appearances for traffic offences

How Do I Get More Information or Engage You to Act for Me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. Click here to select a time for us to call you back
4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about your charge.

Need more information?

We have a range of articles on drug driving on our blog.  Some of the most recent have included:

• The Essential Guide to Obtaining a Work Licence
• What happens after your drivers licence is disqualified?
• Drug Driving Charges Skyrocket
• The Different Types of Drug Driving
• Negotiating with a Prosecutor in Queensland
• What is a QP9 and why is it important to your charge?
• Special Hardship Orders v Work Licences
• Drug Driving on Synthetic Drugs
• Essential Guide to Drug Driving
• Drug Driving
• Top 5 Drink Driving Myths
• The Essential Guide to Obtaining a Work Licence
• Drink Driving on a Lime Scooter
• How Drink Driving Matters are Heard in Queensland
• What happens after your drivers licence is disqualified?
• Refusing a Breathalyser Test in Queensland
• Can you commit a drink driving offence in your driveway?
• Immediate suspension for drink driving
• Case Study - High Range Drink Driving and Disqualified Driving
• Three High Range Drink Driving Charges
• Special Hardship Orders v Work Licences
• High Range DUI
• Going through a drink driving charge in Brisbane Magistrate Court
• DUI Charges
• Ultimate Guide to High Range Drink Driving
• Can you beat a DUI?
• Drink Driving Lawyers Brisbane

Drug driving in Queensland is becoming one of the more common traffic offences that can bring people to court.

People charged are obviously interested to know if there is a way to get out of the charge i.e. are there loopholes to drug driving charges in Queensland? Can I beat a drug driving charge?  How to get off a drug driving charge? Is there a defence to a drug driving charge?

In this article we will use the term “loophole” but it’s important to note they aren’t real loopholes, they are for the most part legal requirements that must be completed by the police for a successful prosecution of a drug driving charge.

The basics

There are two possible drug driving charges in Queensland either;

• driving whilst a relevant drug is in the system; or
• driving under the influence of a drug (“DUI”)

In essence driving with a relevant drug in the system is similar to low range drink driving while driving under the influence of a drug is similar to high range drink driving.

In Queensland we have mandatory periods of disqualification which means even a first offence of drug driving will lead to the loss of the drivers licence.

How are the drug tests carried out?

Drug driving tests are conducted in a similar way to RBTs. The tests are mostly done through an oral saliva test, however they can be conducted through a blood drug test or a urine drug test if you are unable to provide a saliva sample.

To test for drug driving Queensland police will ask for a saliva sample for the purpose of testing for:

1. THC – active ingredient in cannabis;
2. Methylamphetamine – also known as speed and ice; and
3. MDMA – the active ingredient in ecstasy.

Drug Driving Loophole number 1 – The 3 hour rule

The police must conduct the salvia or blood test within 3 hours of you driving and it must be conducted in accordance with the law. 

Lets take an example of someone alleged to have been seen driving recklessly thorough a carpark.  They are seen at 6:51pm and the police are notified at 6:55pm.  The police obtain CCTV footage from a local business and they make out the rego number.  They then cross check who owns that vehicle and go to the home of the owner.  All of that has taken some time so they don’t arrive at the home until 10:10pm and request the owner take a drug test.  The test was taken more than 3 hours after the police became aware of the alleged driving and therefore the court has the power to declare that the blood test cannot be used in court.

Drug Driving Loophole number 2 – Reasonable grounds

Queensland law states that the police may require a blood or salvia test if they find a person driving a vehicle, attempting to drive a vehicle or being in charge of a vehicle. If the police don’t find a person actually in or around the vehicle then they can only obtain a test if they suspect on reasonable grounds that a person drove or attempted to drive a vehicle in the last 3 hours.

As to what reasonable grounds are, it isn’t defined in the act.  The test would be objective i.e. what would a “reasonable” police officer in the situation consider to be information that would lead them to consider that someone has attempted or actually drove.

Drug Loophole number 3 – I didn’t know

Under our general criminal laws there is a defence of mistake.  That means for example a person has been given a substance by a person, they are told it is a weight loss drug, they take it and in fact it had an illicit drugs mixed in.  This might normally be a grounds to raise a defence.

Unfortunately in Queensland the mistake of fact does not apply to drug or drink driving charges.  If you take drugs, even without your knowledge it is not a defence if the drugs show up in the drug test results.

Drug Loophole number 4 - I was in the vehicle but not driving

You can be charged with drug driving being in charge of a vehicle if you had control of the motor vehicle for example if you were in the driver’s seat and had the keys near you even if you were not driving or had no intention of driving.  Often this occurs when people are in the car waiting to be picked up, in the car wanting to find something or just sleeping.

It does not matter that the car was not on a road.  You can be charged with drug driving even if the car was on private property such as a car park or driveway.

If however you were not in the front compartment and took steps that clearly indicate you had no intention of driving and the vehicle was parked safely then this may be a defence.

Drug Loophole number 5 – The test is wrong

People often contact us and tell us they took no illicit drugs, only a legal substance like cough medicine or similar.  The problem is that the drug test is presumed to be correct by law.

If you find yourself in that situation keep the substance you took and urgently get a drug test taken so that there might be evidence that could be used to try and negotiate with the police prosecutor to try and have them withdraw the charge.

Drug Loophole number 6 – Prescription Medications

Some drivers may be prescribed medications that can impair their driving, such as benzodiazepines or opioids. While it is legal to use these medications with a valid prescription, it is illegal to drive while under the influence of them. However, it can be difficult to prove that a driver was impaired by prescription medication, as the effects can vary depending on the individual and the dosage.

As a salvia test will not pick up a prescribed medication (except cannabis) the only way you can get a drug driving charge is if the police alleged you were under the influence based on what they saw or in legal terms your indica.

The types of indicia that might result in a charge of driving under the influence of a drug include;

• The manner of driving
• A person physical condition and appearance
• Behaviour and attitude
• A person’s eyes and breathing
• Speech
• Coordination
• Memory
• Health
• Conduct at watch house or with police

It would be up to the police to prove to the court that the indica shows that you were under the influence of a drug.

Drug Loophole number 7 - legally prescribed cannabis

At the present time Queensland law does not provide an exemption for driving with prescribed cannabis in your system.  Therefore regrettably even if you had a valid prescription if any cannabis is found in your system you will be charged and the fact it was prescribed is not a defence recognised by the law.  The law around this will hopefully change.

Drug Loophole number 8 – The police stuffed up the test

The police must follow quite a strict set of procedures when they either administer a test or get a nurse of doctor to take a blood sample.

It’s beyond an article like this to go into depth if the police did the test incorrectly and even if they did something wrong whether this would invalidate the charge.  You would need an experienced traffic lawyer to properly go through the facts and evidence.

The reality

The reality is very few drug driving cases go to a trial and even fewer are successfully found not guilty.

Often where a loophole exists the matter is resolved through negotiations and case conferencing between the prosecutor and the defendants lawyer.  This is often the cheapest, quickest and best way to resolve a drug charge where a loophole may apply.

None of these “loopholes” apply to me, what can I do?

In that case you need to try and minimise the penalty as much as possible.  In Queensland all people charged with drug driving will lose their licence for a period of time. 

In some circumstances you can apply for a work licence to minimise the impact of the disqualification.

Getting legal advice from an experienced traffic lawyer is the best way to reduce the impact of the penalty.  We have a full article on drug driving that will help explain the consequences of pleading guilty and what you can do to reduce the disqualification period.

Need more information?

We have a range of articles on drug driving on our blog.  Some of the most recent have included:

• The Essential Guide to Obtaining a Work Licence
• What happens after your drivers licence is disqualified?
• Drug Driving Charges Skyrocket
• The Different Types of Drug Driving
• Negotiating with a Prosecutor in Queensland
• What is a QP9 and why is it important to your charge?
• Special Hardship Orders v Work Licences
• Drug Driving on Synthetic Drugs
• Essential Guide to Drug Driving
• Drug Driving

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. Click here to select a time for us to call you back
4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drug driving. You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drug driving charge no matter the reading will have an impact on you, your family and your employment or business.  

In Queensland, the Department of Transport and Main Roads (TMR) recognizes that some passenger transport workers may face unexpected and exceptional circumstances that may prevent them from holding a valid driver's licence. To address this issue, TMR offers a special hardship licence to eligible passenger transport workers who need to continue driving for work purposes despite their licence suspension.

A special hardship licence allows transport workers to drive for usually work purposes only with some exceptions for extreme personal needs, it is a temporary measure to support workers in maintaining their livelihood while they serve their licence suspension. In Queensland, passenger transport workers include taxi drivers, truck drivers, bus drivers, uber, didi and other  ride share drivers and other commercial passenger vehicle operators.

Eligibility Criteria for a Special Hardship Licence

To be eligible for a special hardship licence, transport workers must meet the following criteria:

1. Their licence has been suspended for a specific period by TMR for reasons of excessive demerit points or exceeding 40 km/h over the speed limit.
2. They can demonstrate that they will suffer extreme hardship if they are unable to drive during the period of their licence suspension.
3. They have not been disqualified from holding a driver's licence in the last 5 years and have not held a special hardship licence in the last 5 years.

We have a full article on special hardship licence eligibility.

How to Apply for a Special Hardship Licence

The process for obtaining a special hardship licence is that you will need the following documents:

• A special hardship order application form
• An affidavit from you showing that you are a ‘fit and proper person’ to continue to hold and licence and that you or your family would stuffer extreme hardship because you are unable to work or severe and unusual hardship for another reason.
• An affidavit from your employer – If you are self-employed you do not need this. If you have multiple employers, you will need one from each employer.
• Once the affidavits are completed and filed you need to attend your local Magistrates court to argue before a Magistrate to be granted the hardship licence.

Driver Authorisation in Queensland

Driver authorisation is a system used by the Department of Transport and Main Roads (TMR) in Queensland to assess the suitability of individuals to drive passengers in vehicles. The purpose of driver authorisation is to ensure the safety of all road users by verifying that passenger vehicle drivers have the necessary skills, knowledge, and experience to operate these vehicles safely.

The question then arises whether if you are to lose your licence because of demerit points or a high speed offence does your driver authorisation continue?

Special Hardship Licences and Driver Authorisation

A driver of a public passenger vehicle must hold either

1. a current Australian open driver licence;
2. a restricted driver licence issued under section 87 of the Transport Operations (Road Use Management) Act 1995

A restricted licence under section 87 is a work licence issued by the courts for a drink or drug driving offence and isn’t related to a special hardship licence.

Therefore for the Drivers Authorisation to be valid a special hardship licence must be considered to be an open licence.  The law also states that if a court makes a special hardship order for a person the suspension of the person’s open licence ends when the order is made.

The law therefore allows a Drivers Authorisation to continue if a transport worker is granted a special hardship licence if however the hardship licence is not granted then the licence is suspended and the DA also ends

Could my Drivers Authorisation still be suspended even if a hardship licence is granted?

It is possible, but generally unlikely, that the offences that led to the need for the special hardship licence are such that even if special hardship licence is granted that TMR still actually suspend the DA.

TMR looks generally at the following factors to determine if past offences with affect a passenger transport workers DA;

• the severity of offences;
• the frequency of offences;
• and whether offences occurred in a public passenger vehicle

Lets take the example of a uber driver who is caught driving 60 km/h over the speed limit in a school zone with paying passengers in the car.  In that case TMR might think the offence so serious that even if a court issued a special hardship order that they would suspend or cancel the DA.

What goes into the special hardship application?

We have a full article on what goes into a special hardship application, the court process and what happens after the hardship licence is granted. 

How much do you charge for a special hardship application?

We charge a fixed price of $2,000 and this covers the drafting of the affidavits and appearing in court with you.

Where are your offices located

We have 7 offices across Southeast Queensland.  Please always ring first as your local office may be unattended if our staff are in court.  We have spent years developing systems that mean in most cases you wont even need to come in to see us to engage the best legal representation.

Maroochydore

Brisbane

Brendale

Gold Coast

Ipswich

Loganholme

Hervey Bay

How do I get more help or engage you to act for me? 

We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. Email This email address is being protected from spambots. You need JavaScript enabled to view it.
4. Click here to select a time for us to call you back
5. Visit our main website page

 We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about special hardship licences.

Need more information?

We have a range of articles on Special Hardship Orders on our blog.  Some of the most recent have included:

• What happens in court when applying for a special hardship order?
• Essential Guide to Special Hardship Licences
• Time Limit Change for Special Hardship Orders
• Special Hardship Orders v Work Licences
• Driving children under a Special Hardship Licence
• Special Hardship Application Time Frames
• Special Hardship Licences

Queensland drink driving penalties are consider some of the harsher penalties in Australia for drink driving.  Queensland has a mandatory loss of licence for all drink driving offences.

The purpose of this article is to try and give some guidance as to how the court comes up with the penalty for drink driving and what that penalty may be.

What is drink driving?

The law states that a person can be charged with drink driving if the driver;

1. Is over the legal limit for that category of driver; and
2. Drove a vehicle; or
3. Attempted to put in motion a vehicle; or
4. Was in charge of a vehicle

What level of alcohol will see me charged with drink driving?

In Queensland the BAC limits for different licence holders are as follows.

Levels of drink driving

In Queensland there are 4 levels of drink driving

What happens to a drink driving charge

We have a full article on how the court deals with drink driving charges in Queensland.

Immediate license suspension

For low range drink driving charges the police should suspended the driver’s licence for 24 hours.  If the charge is mid range drink driving or high range drink driving the licence will be suspended until the court date.

What are the types of penalties the court can impose

It very much depends on a number of factors that are outlined below.

In Queensland it is mandatory for every person charged with drink driving to lose their licence.  We do not have in Queensland the ability for the court to decide not to disqualify a persons driver’s licence.  In certain circumstances it might be possible to apply for a work licence.

How long will my licence be disqualified for?

The actual penalty depends on a number of factors including;

• Your BAC reading
• Did a accident occur
• Was there a passenger in the car
• The reason you were driving
• Your traffic and criminal history
• Your work situation
• What your personal circumstance are
• If you have done a drink driving course like QTOP
• Which Magistrate hears your matter

Your BAC reading

Your Blood or breath alcohol concentration (BAC) is the amount of alcohol in your body and is measured by the concentration on alcohol in your breath or blood. It is measured in grams of alcohol per 100 millilitres of blood.  The reading is a very important factor the Magistrate looks at when setting the penalty.

Did an accident occur

If there was a crash then this will increase the penalty.  This is especially true if other property was damaged or someone else was hurt in the crash.

Was there a passenger in the car

Having another person in the car, especially children, can be a factor to increase the penalty.

The reason you were driving

Why you were driving may be a factor.  If it was always meant to be a very short drive like shifting a vehicle to a more secure location then the penalty might be less.  Someone who undertook a drive when they knew they were over the limit might expect a harsher penalty.

Your traffic and criminal history

This is a critical factor.  Your criminal and traffic history will be looked at closely by the Magistrate.  If you have previous drink driving charge this will almost certainly increase the penalty.  If the previous drink driving charge occurred in the last 5 years, and the police have served a notice to allege previous offences then the minimum and in most cases the maximum disqualification must be increased.  For example if you are charged with a low range drink driving charge on an open licence and in the last 5 years you had another low range drink driving charge then the minimum disqualification increases from 1 month to 3 months. 

Your personal and work situation

Your personal antecedents such as your personal and work situation will be taken into account by the Magistrate in setting the penalty.  This includes the impact the disqualification will have on your family and any impact on your ability to work.  In some cases you may not be able to get a work licence and will suffer greatly from not being able to work.  Also in Queensland you cannot get a licence to be able to drive for personal reasons such as collecting children from school etc during a disqualification for a drink driving charge even if you get a work licence.

If you have done a driving course

Doing a course before the sentence date is a great way to reduce the penalty.  A great course to do is QTOP

Which Magistrate hears your matter

All the Magistrates in Queensland try and be consistent in setting a penalty.  In the ideal world this would mean you would get largely the same penalty whether your charges are heard in Southport Court, Beenleigh Court, Brisbane Court, Maroochydore court, or Ipswich court.

In practice each Magistrates has their own views on what the penalty for a high range drink driving charge should be.  This is one of the main reasons an experienced traffic lawyer who has appeared numerous times before the Magistrate is so important.

What period of disqualification of my driver licence will I get?

Below is a table showing a table of minimum and maximum licence disqualifications that apply to a first time offender.

What is the penalty for low drink driving?

The penalty for a drink driving charge varies according to a number of factors.  Below is very general guide to the penalty a first-time drink driver person might expect in the Brisbane Magistrates Court

What is the penalty for mid range drink driving?

See table above

What is the penalty for high range drink driving?

The penalty for a drink driving charge varies according to a number of factors especially your history, what occurred and your exact reading.  Below is very general guide to the penalty a first-time drink driver person might expect in the Maroochydore Magistrates Court

Will I go to jail for drink driving?

Generally first or second time offenders would not be likely to be sent to prison however this depends on a number of factors including;

• Are you charged with other offences
• Was there a crash
• Was any other cars or property damaged
• Was anyone injured
• What the blood alcohol reading was
• If the person has a poor traffic or criminal history
• Which Magistrate hears the matter

If this is your third high range drink driving charge in 5 years then a prison sentence is mandatory.

Only an experienced traffic lawyer can advise if a prison sentence is likely, even if it is the courts have the option of potentially suspending that sentence. 

If you are worried about a prison sentence then get legal advice.

What can I do to minimise the penalty?

You should always engage an experienced  traffic lawyer to represent you if you are charged with drink driving.  Your lawyer can work out what things you need to do to reduce your penalty especially considering what Magistrate might be hearing your case.  In general we have found the following things useful in trying to reduce the penalty:

• Character references
• Attending a driving course like Queensland Traffic Offenders Program (“QTOP”).  We are a proud sponsor of QTOP and believe it is one of the most powerful things people facing a high range drink driving charge can do before their court date.
• If you have any alcohol or mental health issues then obtaining appropriate medical help

Will I get a criminal conviction recorded?

Drink driving charges in Queensland are considered to be traffic offences and are not recorded on a persons criminal history.

The court does have the ability not to record the conviction on a person’s traffic history.  This might be useful for people in the transport industry or those that rely on their drivers licence to work.

Repeat drink driving charges

If you have previous drink driving convictions then if they were in the last 5 years the minimum and maximum disqualification periods increase.  Even if your previous conviction was outside of 5 years ago the court will take into account that offence as the police will provide your traffic history to the court.

If this is your third high range drink driving charge in the last 5 years the court must impose a prison sentence.

Can I get a work licence?

It may be possible for you to apply for a work licence if you held an open licence at the time of the offence, are charged with low or mid-range drink driving and had no suspensions of your licence in the last 5 years but this must be done at the time you appear in the court to plead guilty, it cannot be done afterwards.  You cannot apply for a work licence if you are charged with high range drink driving (driving under the influence) or were subject to the no alcohol limit.

Please see our section on work licences for further information or check out the most comprehensive guide on the internet on how to apply for a work licence.

A work licence only allows you to drive for work purposes and nothing more, the court cannot authorise someone to drive for personal reasons i.e. driving kids to and from school.  In Queensland a period of disqualification must be imposed and so if personal driving is critical all you can do is try and minimise the disqualification period as much as possible.

The court also has the option to double then period of disqualification they would have imposed if no work licence was applied for.  Well thought out submissions and arguments before a Magistrate can in our experience significantly reduce the length of your disqualification.  There are a number of factors that can lead a magistrate to impose the lowest penalty possible, we know them all.

Can the press report what occurred?

Unless the Magistrate refuses the allow the press to report, which is very uncommon, then yes the press can report what occurs.

There are some tactics that can be used to try and avoid the matter being reported.  As different courts will have different potential tactics to avoid the matter being reported you will need advice from an experienced drink driving lawyer to advise on this.

Interlock

If you have a mid range or high range drink driving charge you must have an interlock device fitted to your vehicle for the period of one year once you are eligible to obtain your driver’s licence back.  The Court has no discretion to exempt you from an interlock if this applies to you as it is a Queensland Transport licencing requirement. 

You are also require to have an interlock installed if you have more than 2 drink driving charges in the previous 5 years.

You must meet strict eligibility criteria to apply for an interlock exemption.

This is an area that is subject to constant change, for more information visit their website.

Education course to get your driver’s licence back

You will need to complete a short course to get your licence back once the disqualification has ended.  For first time offenders this is done online. 

If you have 2 or more drink driving offences after 10 September 2021 then the course is longer and must be completed in person.  Details can be found on the Transport Department Website

Do I really need a lawyer to represent me?

An experienced traffic lawyer can;

• Minimise the disqualification period
• Minimise the fine
• Look for any potential defences
• Obtain a work licence if you qualify
• Take the stress of the situation away
• Try and avoid press reporting
• Ensure that you are treated fairly by the magistrate and the prosecutor

What would you charge to represent me?

If this is not your first drink driving charge or you have other charges contact us and we are happy to provide a quote.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. Click here to select a time for us to call you back
4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

We have been undertaking drink driving charges since 2010 and in that time have undertaken thousands of drink driving cases.

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving

You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.  

Need more information?

We have a range of articles on drink driving on our blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths
• The Essential Guide to Obtaining a Work Licence
• Drink Driving on a Lime Scooter
• How Drink Driving Matters are Heard in Queensland
• What happens after your drivers licence is disqualified?
• Refusing a Breathalyser Test in Queensland
• Can you commit a drink driving offence in your driveway?
• Immediate suspension for drink driving
• Case Study - High Range Drink Driving and Disqualified Driving
• Three High Range Drink Driving Charges
• Special Hardship Orders v Work Licences
• High Range DUI
• Going through a drink driving charge in Brisbane Magistrate Court
• DUI Charges
• Ultimate Guide to High Range Drink Driving
• Drink Driving Lawyers Brisbane
• Drink Driving Lawyers Gold Coast
• Drink Driving Lawyers Sunshine Coast

Drink driving offences are some of the most common matters that Queensland courts see however this does not mean the consequences of losing the ability to drive is not serious.  People’s lives can be ruined by long periods of disqualification especially if no work license is granted.

The questions then arises is there a defence to a drink driving charge, in other words can you beat a DUI?

When can the police undertake a breath or blood test?

The police can require a person to provide a sample of breath or blood if they reasonably suspect a person in the previous 3 hours had;

1. Driven a vehicle; or
2. Attempted to put in motion a vehicle; or
3. Was in charge of a vehicle

What do the police need to prove?

The law states that to prove a drink driving charge the police must show that the driver;

1. Is over the legal limit for that driver; and
2. Drove a vehicle; or
3. Attempted to put in motion a vehicle; or
4. Was in charge of a vehicle

Whether someone is over the limit is usually determined by way of a breath or blood test.  However for a charge of driving under the influence (high range drink driving) the police can alleged that the person was showing indicia of being intoxicated like

• The manner of driving
• A person physical condition and appearance
• Behaviour and attitude
• A person’s eyes and breathing
• Speech
• Coordination
• Memory
• Conduct at watch house or with police

What are some possible defences to a drink diving charge?

Not In charge of a vehicle

One possible defence would be that you were not if fact “in charge” of the vehicle at the time of the offence. 

The law states that a person is not in charge of a vehicle if they had manifested an intention of refraining from driving that motor vehicle whilst the defendant was over the limit. 

There are however some important exceptions to this defence.  The defence will not apply or is unlikely to apply if;               

1. They were in the driver’s seat or compartment that contained the driver’s seat
2. They were too intoxicated to try and form the intention not to drive
3. The motor vehicle was parked in such a manner as to constitute a source of danger to other persons or traffic
4. The person had been convicted of drink driving within the previous 12 months.

Generally these defenses occur when someone is sleeping off the effects of alcohol in the back seat, or was near the vehicle waiting to be picked up.

In Eggmolesse v Bruce the Court of Appeal found that a mechanic, who was intoxicated, that had walked to assist his sister who had broken down had not manifested an intention to drive when he reached through the window to the car and turned the engine on after repairing it and then turned it off almost immediately.

If the driver was in the drivers seat then this defence is almost certain to fail.

Had not driven in the last 3 Hours

The police cannot seek someone provide a breath sample or blood sample unless they reasonably believe they drove, attempted to drive or was in charge of a vehicle in the last 3 hours.

The laws then goes on to state that the request for a sample cannot be made unless it is made as soon as practicable and within three hours after the occurrence of the event whereby the police officer is authorised by that section to make such a requirement. 

An example of this might be a car crash, the police are told about a car crash at 9:00pm but do not reach the crash site or do not locate the alleged driver until 12:05pm, in that example it may be a defence to show the police did not request the test within 3 hours and therefore the charge should be dismissed.

Drinking after driving

It might be defence to a drink driving charge if you can prove the alcohol in your system was ingested after you finished driving but before you drove.

The starting point will always be that the law states that the breath analysis certificate that shows the reading is conclusive evidence of the concentration of alcohol present in the blood or breath of the person in question at the time the sample of that person was analysed and at a material time in any proceedings if the analysis was made not more than 3 hours after such material time, and at all material times between those times.

Therefore the certificate is conclusive proof of the reading.  It therefore might seem there is no defence if the certificate shows a reading over the limit even if the driver drank after driving.  However the case of Davies v Dorfler; ex parte Davies the court recognised that it might be possible to form a defence if at the material time, that is the driving, the defendant was not over the limit.

However the “Dofler” defence has not found widespread support amongst all the courts.  Some Judges disagree there is any defence at all if the certificate shows the driver was over the limit at the time sample was given, others believe it can only potentially apply if the driver had consumed no alcohol before driving and the only alcohol consumed was after they finished driving.

In my view the defence would only likely work if proof can be shown that the driver did not drink before driving and proof can be shown they did drink after driving.  Proof is likely to mean statements of witnesses.  The police can also seek medical advice to try and count back the drinks to see if the reading is consistent with the driver saying they only drank after finishing driving.

Not on road

In Queensland you do not have to have driven on a road to be arrested for drink driving.  The legislation provides you can be charged with drink driving on a road or “elsewhere”.  Obviously “elsewhere” applies to private property, carparks and driveways.  This case shows how the court interprets the law -  Jovanovic v Lucas [2009] QDC 138

Failure to provide

It is a defence to the charge to prove that, at the time the request was made to provide a sample of breath or saliva, the person was suffering from an illness that made them incapable of providing such a sample. It is also a defence to prove that, at the time of the request, the person’s health could have been affected by giving the sample. Proof is provided by a medical certificate that the person carries with them and can show the police officer at the time of the request. Otherwise, the person must prove that they had such a medical condition in court, after they have been charged. Remember, however, that the police can ask the person for a different type of sample.

It is also a possible defence to prove, to the court, that the request was not made lawfully or that there was a substantially good reason to not provide a specimen (other than trying to avoid the results of the test).

We have a whole article on failing to provide a specimen of breath. 

Police procedure not followed

The police have to follow certain procedure when requesting a sample of breath or blood.  This area of law is extremely complicated and not well understood by even the courts. 

It would take legal advice to decide if a failure to follow the rules and whether that failure was enough to raise a defence.  Even if the defence is raised the court can use the rule in Bunning v Cross to admit the evidence even if it was improperly obtained.

Incorrect reading

The certificate of analysis is conclusive proof as to the reading at the time of driving.  If it can be shown the test was administered incorrectly or the testing machine was defective this might be a defence.

Mistake

You cannot claim a defence of mistake as to the amount of alcohol you consumed.  You might however have a defence if you consumed the alcohol Involuntary.  For example someone gave you a drink and said the drink had no alcohol in it, you had no reasons to doubt them and the drink turned out to have alcohol and you did not notice that before driving.

The issue would of course be the evidence that could be obtained.

Extraordinary emergency

The court recognises under the Criminal Code that you might have a defence to breaching the law in the cases of an extraordinary emergency.  For example a person fleeing an assault who is found to be over the limit might have a defence.

Summary

Although there are a number of potential defences the reality is the courts are very reluctant to accept a defence as they fear if one person can show a defence then all drink drivers might claim that defense.  

Rather than going to trial and raising a defence a better way might be to negotiate with the prosecutor to try and have the charge withdrawn.  Negotiations or case conferencing might result in the charge being dropped and no trial being necessary.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. Click here to select a time for us to call you back
4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving.

You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.  

Need more information?

We have a range of articles on drink driving on our blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths
• The Essential Guide to Obtaining a Work Licence
• Drink Driving on a Lime Scooter
• How Drink Driving Matters are Heard in Queensland
• What happens after your drivers licence is disqualified?
• Refusing a Breathalyser Test in Queensland
• Can you commit a drink driving offence in your driveway?
• Immediate suspension for drink driving
• Case Study - High Range Drink Driving and Disqualified Driving
• Three High Range Drink Driving Charges
• Special Hardship Orders v Work Licences
• High Range DUI
• Going through a drink driving charge in Brisbane Magistrate Court
• DUI Charges
• Ultimate Guide to High Range Drink Driving
• Drink Driving Lawyers Brisbane
• Drink Driving Lawyers Gold Coast
• Drink Driving Lawyers Sunshine Coast

It is essential for anyone making a special hardship license application to ensure that the application is accompanied by a detailed and comprehensive affidavit.  The affidavit for the special hardship order application needs to cover everything from your financial situation to the hours and days you need to drive.  Its critical to get the affidavit right as it’s the primary thing the court will look at when determining whether to grant a hardship licence and if they do on what terms.

This page is just about the affidavit needed, for full information on hardship license applications in Queensland visit our main page.

Why do I need an affidavit?

The affidavit is a requirement under the law.  The law states that;

For subsection (1)(b)(i), the applicant must give the court—

(a)an affidavit made by the applicant outlining how a refusal to make the special hardship order would cause extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of the applicant’s means of earning a living; and

(b)if the applicant is not self-employed—an affidavit made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application were refused.

What affidavits do I need?

You will need your affidavit as the applicant and if you are not self employed and are seeking to be able to drive under the order for work purposes you will need an affidavit of your employer.

Will a letter from my boss be enough?

No, the law requires an affidavit.

What is an affidavit?

An affidavit is a sworn statement in writing.  It must be signed by the applicant and witnessed by a justice of peace, commissioner of declarations or a lawyer.

What needs to be in my affidavit?

The affidavit must set out all the details that shows how a refusal to make the special hardship order would cause extreme hardship to you.

Remember the law requires “extreme hardship” not just that something will be difficult or very hard.  Typically the affidavit would cover;

• Your personal circumstances
• What work you do
• The days and hours you work
• Why you can’t use other transport
• Your financial circumstances
• How your employment/business income would be affected by not being granted a hardship licence
• What personal driving you need
• How the need for a special hardship came about
• What conditions the court should impose on your special hardship licence

Your personal circumstances

Name

Age

Address

Who you live with

Family details

What work you do

                How long you have work with your employer/business

                What your work consists of

                What driving you do for work

                Why you need a hardship licence

                What will happen without the licence

The days and hours you work

What days/hours you work.  This will need to include overtime, on-call requirements etc otherwise those extra hours won’t be included in the order.

Why you can’t use other transport

Why no other options such as taxis or uber are appropriate.

Your financial circumstances

You and your family’s finances including:

                Income earned

                Expenses

                Liabilities

If you are not employed then business financial records may be required.

How your employment/business income would be affected by not being granted a hardship licence

What will be the financial impact if the court does not grant the hardship licence.

What personal driving you need

If you are wanting to drive for non-work reasons full details of this and why the court should grant I must go in the affidavit. The test is not extreme hardship like losing you job , the law states personal driving can only be granted if;

A court may make a special hardship order only if satisfied a refusal to make the order would cause severe and unusual hardship to the applicant or the applicant’s family, in a way other than by depriving the applicant of the applicant’s means of earning a living.  

The test is therefore severe and unusual hardship.

In Davies v Shaw the Supreme Court of Tasmania considered an application by Mr Shaw to be allowed to drive to drive and collect his sons from school.   Tasmanian law then used a similar test of severe and unusual hardship.  The court found that the test only allowed granting an order in severe, extreme and unusual circumstances and thus denied the right for Mr Shaw to drive his children to school.

How the need for a special hardship came about

You can apply for a hardship order when you exceed 1 demerit points on a good driving behavior period or driving 40 km/h over the limit (as long as you are otherwise eligible to apply for a hardship licence).  You will need to explain to the court what occurred, what you learned and how this won’t happen again.   You may also need to explain your previous traffic history if applicable,

Doing a course like QTOP will always help.

What conditions the court should impose on your special hardship licence

You will need to set out the exact conditions on the order you require.  We have an article on the hardship licence conditions.

Remember the Magistrate you are before might have a different view on what you need to put in the affidavit.  Only an experienced traffic lawyer will know for sure what must go in the affidavit for a particular Magistrate and if the application for a hardship license is important you should seek legal advice.

Will I need to provide anything other than the affidavit?

If you are asking the court to grant conditions such as driving children to school, driving for medical appointments etc you may need to annexure documentation to the affidavit to prove this.  The court may also require financial records if you have your own business.

How is the affidavit used in court?

The affidavit will be considered by both the Magistrate and the Prosecutor from Queensland Transport in assessing whether to grant the hardship licence or in the case of the Prosecutor whether to oppose the application.

What happens if I get the affidavit wrong?

The Magistrate might agree for you to adjourn the application to another date to fix any issues with the affidavit.  If the Magistrate won’t do this then they will base the order conditions largely of what is in the affidavit.

I need to know more

Our main hardship license page explains everything or try our essential guide to hardship licences

What do you charge

We charge a fixed price of $2,000 to draft all the affidavits and appear with you in court to convince the court to give you the hardship license.

How do I get more help or engage you to act for me? 

We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout South East Queensland from Coolangatta to Hervey Bay.

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. Email This email address is being protected from spambots. You need JavaScript enabled to view it.
4. Click here to select a time for us to call you back
5. Visit our main website page
6. Visit our special hardship page 

Dangerous driving is one of the most serious traffic related charged that can come before a court.  Unlike drink driving or unlicensed driving which are considered traffic offences dangerous driving is considered a criminal offence and carries serious penalties if found guilty especially if the charge is dangerous driving causing injury or death.

We have an Essential Guide to Dangerous Driving that explains all about dangerous driving and the penalties that can be imposed.

This blog post is about possible defences to dangerous driving in Queensland.

What is Dangerous Operation of a Vehicle?

The legislation provides the formal definition of dangerous driving as

“operates, or in any way interferes with the operation of, a vehicle dangerously” means … at a speed or in a way that is dangerous to the public, having regard to all the circumstances, including –

1. the nature, condition and use of the place; and
2. the nature and condition of the vehicle; and
3. the number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place; and
4. the concentration of alcohol in the operator’s blood or breath; and
5. the presence of any other substance in the operator’s body.

The “public” will include any passengers that are in the car at the time of the alleged dangerous driving as well as any member of the public in the vicinity of the alleged dangerous driving.

Furthermore, this definition does not require any proof of “intent” or “deliberateness” on the part of the driver. This is because the standard by which your driving is judged as dangerous is an objective one it is a subjective one. It does not matter whether you thought your driving was dangerous or not it is unto the court as to whether the driving was dangerous to the public in all the circumstances.

However, your intentions and the deliberateness (or otherwise) of your actions may be relevant to deciding whether your driving was dangerous in all the circumstances. These factors are also relevant in determining the appropriate sentence if you plead guilty or found guilty after a trial.

What court will here a dangerous driving charge?

All dangerous driving charges start in a Magistrates Court via a notice to appear in court.

It then depends on any aggravating factors that are alleged.  For a normal or “simple” dangerous driving charge the Magistrates Court will hear the charge.

If there is an allegation that the dangerous driving result in grievous bodily harm or death of another person or other major aggravations the District Court must ultimately determine the matter.

Possible Defences to a dangerous driving charge

Below is a partial list of possible defences to a dangerous driving charge.

The Driving wasn’t dangerous

The most obvious defence to this charge is to prove that your driving was not, in fact, dangerous.

This is entirely a matter for the magistrate or jury to decide and they must do so on an objective basis.

The expression "operates a vehicle dangerously" in general does not require any given state of mind on the part of the driver as an essential element of the offence. A motorist may believe he or she is driving carefully yet be guilty of operating a vehicle dangerously.  A driver could be asleep and charged with dangerous driving.

"Dangerously” is to be given its ordinary meaning of something that presents a real risk of injury or damage. The ordinary meaning of dangerous includes

• fraught with or causing danger
• involving risk
• perilous
• hazardous
• unsafe

It describes, when applied to driving, a manner or speed of driving which gives rise to risk to others, including motorists, cyclists, pedestrians and the driver’s own passengers.

There is however a danger to running a defence that the driving was not dangerous.

Firstly, the magistrate or jury may not agree with you and decide that your driving was objectively dangerous,

Secondly, while the prosecution may allege that a certain portion of your driving was dangerous, the magistrate or jury may decide that a different part of your driving constitutes the dangerous operation of a vehicle (if there is enough supporting evidence).

An alternative to running a full defence at trial might be to try and negotiate the charge with the prosecutor and try and demonstrate that your driving was not dangerous but was in fact careless.  Careless driving is a much less serious charge.  This is known as case conferencing.

Defect in the vehicle

Another possible defence will arise if you prove that the vehicle suffering from a sudden and previously unknown defect which deprived you of control of the vehicle. In this case, you will be seeking to demonstrate that the dangerous driving was caused by the mechanical defect, and thus, was beyond your conscious control.

The key phrase to this defence is “sudden and previously unknown”. You will need to demonstrate that your vehicle was properly maintained and that the defect was not known to you in spite of your reasonable prudence.

You will also need to demonstrate that the defect occurred before you had a chance to take action. For example, you will not be able to raise this defence if your car’s steering becomes damaged but you decide to try to drive the car home before you lose total control or that you had been warned by a mechanic of possible mechanical issues and didn’t fix the fault and kept driving.

Sudden medical condition

You may be able to raise a defence if you prove that you experienced a sudden medical condition which caused you to lose conscious control of your body. For example, if you suddenly fall asleep, you cannot be responsible for what happens after you fall asleep, as you are no longer in conscious control of the vehicle. Like the defence of sudden mechanical failure, you must demonstrate that your medical condition was previously unknown to you and came on before you had a chance to take action. For example, you will not be able to raise this defence if you drove knowing that you were severely fatigued.

Extraordinary emergency

Lastly, you may be able to raise the defences of “extraordinary emergency” or acting to save yourself. In short, you must demonstrate that you (or someone else) were in a life-threatening situation that could only be avoided by you operating your vehicle in a way that would otherwise constitute dangerous operation of a vehicle. You must also demonstrate that there was no other reasonable course of action available to you other than to operate your vehicle dangerously. Suffice to say that the circumstances in which these defences arise are exceptionally rare.

Not the driver

Obviously if a person claims they were not the driver then this is defence.  This defence often occurs when the drivers was not detained at the time of the offence (for example the vehicle left the scene of the accident) but only arrested later on.  Whether this defence will be successful will depend on the evidence the police might have, for example do they have CCTV footage, do they have a witness, do they have DNA etc

If this defence is to be raised if might be better to first try and negotiate with the prosecutor to withdraw the charge.

 How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. Email This email address is being protected from spambots. You need JavaScript enabled to view it. 
4. Click here to select a time for us to call you back
5. Click here for more information on Dangerous Driving

We have also written an excellent article called the Essential Guide to Dangerous Driving that can provide much more information.

Special hardship licences or hardship licences are an option the Queensland Magistrates courts have to allow a person to continue to drive even though their licence will be suspended by Queensland Transport for incurring more than 1 demerit point on a good driving behaviour period or driving over 40km/h.

We have a full page devoted to special hardship licences that explains all the details.

This blog post is all about what conditions will the court impose if they grant a hardship licence.

SHO conditions

When a Queensland magistrates court grants a special hardship order it will impose certain conditions that must be followed.  The court will never allow a person to drive with no conditions.

What type for conditions can be imposed

Time and Day

The court will always specific the days and times that someone can drive under a special hardship order.  For example the court may say you can only drive to and from work and work purposes Monday to Friday from 7am to 4pm.

It is critical that you put in your affidavit all the times and days you will need to drive, if its not covered in the affidavit the Magistrate isn’t likely to grant all the hours and days people want or need.

The more difficult condition to obtain from a court is a 24/7 licence.  The courts are extremely reluctant to allow a person to drive at anytime or any date.  Some Magistrates simply wont grant that.  If it is critical to drive 24/7 or drive when on-call then this must be extensively discussed in the affidavit.

Passengers

Whether you can drive with a passenger and who those passengers are is something that must go into the special hardship order. 

The court might for example allow you to drive with employees in the car.  Things to watch out for are things like whether someone might not actually be an employee they might be a contractor, if so the order must allow contractors to be in the vehicle as well.

Logbook

The court often put on a requirement that a driver complete a logbook before driving showing the date, time and purpose of that journey and make it available to a police officer on request.

Classes of vehicle

The court will restrict the types of vehicle someone can drive e.g. they might restrict a person to driving only vehicles capable of being driven under a C class licence.

If someone needs both an C and say a MR licence then this needs to go into the order.

Purpose of travel

For what purpose you can drive is the most important condition on a hardship licence.  The reason you can drive will be restricted, you simply wont be able to drive for any purpose not listed on the hardship licence.  For example if granted to drive for work that will be clearly stated on the order including the type of work you do, if you are allowed to drive for certain personal reasons like going to a doctor then that will be on the order.

Type of employment/business

The conditions on the hardship order might include a restriction on the type of employment or work types that a person can undertake. 

Area that can be driven

The courts generally don’t limit the area that someone can drive under a special hardship licence.  The court if appropriate could limit someone to driving in Brisbane or between the Sunshine Coast and the Gold Coast but this is not common.

What happens if the court doesn’t grant all the conditions I need?

You can only drive in accordance with the terms under the order, if you need to drive outside of those conditions you cannot legally do that.

The court didn’t grant my application for a hardship licence, what can I do about it.

There is nothing you can do if the court does not grant the hardship order.

My circumstances have changed what can I do?

You can make an application to the court to vary the current special hardship order.

What happens if I’m caught not complying with the conditions?

The court can end the remainder of the period left on the hardship licence and add a further 3 months of disqualification.

How much do you charge for a special hardship application?

We charge a fixed price of $2,000 and this covers the drafting of the affidavits and appearing in court with you.

How do I get more help or engage you to act for me? 

We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. Email This email address is being protected from spambots. You need JavaScript enabled to view it.
4. Click here to select a time for us to call you back
5. Visit our main website page

Need more information?

We have a range of articles on Special Hardship Orders on our blog.  Some of the most recent have included:

• What happens in court when applying for a special hardship order?
• Essential Guide to Special Hardship Licences
• Time Limit Change for Special Hardship Orders
• Special Hardship Orders v Work Licences
• Driving children under a Special Hardship Licence
• Special Hardship Application Time Frames
• Special Hardship Licences

Police may charge members of the community with valid offences under law. Whilst police can charge people with criminal as well as traffic offences, this short article will concentrate on traffic offences. The article will outline what happens after you have been charged with a traffic offence that requires a court appearance.

Why was I Charged?

The most common traffic offences are related to drink driving, drug driving and unlicenced driving. It will generally be quite obvious why you have been charged; for example, you have been pulled over for a random breath test and the testing instrument has returned a positive result. Further analyses would then show the exact blood alcohol content in your system. Or, you may have been pulled over as police believe you are unlicenced and wish to confirm your identification. Your licence status can be checked in a police computer and if it shows you are unlicenced, police will likely charge you with unlicenced driving.

If you believe police have made a mistake, then your best move would be to seek legal advice rather than ‘cop it on the chin’.

There are a range of driving related offences in Queensland, with various disqualification periods for each of them.

Driving Offences and Disqualification Periods

The Queensland Parliament has legislated so that certain driving offences carry mandatory minimum disqualifications. This means when a court is deciding how long to disqualify your licence for, it cannot go lower than the minimum, regardless of what a lawyer says or what the Court may want to do. The primary (but not only) legislation that creates driving offences is the Transport Operations (Road Use Management) Act 1995.

Below, then, is a list of the most common mandatory disqualification periods:

• Low range drink driving – 1 month.
• Driving while drug present in saliva – 1 month.
• Middle range drink driving – 3 months.
• Driving under the influence of alcohol or a drug/high range drink driving – 6 months.
• Failing to provide a breath test – 6 months.
• Driving while disqualified by court order – 2 years.
• Evading police – 2 years.
• Driving while demerit points suspended – 6 months.
• Careless driving – no minimum.
• Driving while unlicenced (didn’t renew driver licence) – no minimum.
• Dangerous operation of a motor vehicle/Dangerous driving – 6 months.

Take note that minimum disqualifications will be higher, in most cases, if you have prior offences for drink driving or drug driving within 5 years of the offence.

Some of the disqualifications above can also “cumulate” which means they stack on top of each other. This usually occurs when there are multiple offences. To give some examples:

• Multiple drink driving and/or drug driving offences committed at different times, but sentence imposed at the same time – cumulative.
• Unlicenced driving type offence and drink driving/drug driving offence committed at the same time – cumulative

Can I be Disqualified for more than the Minimum?

In most cases, yes. The minimum is the starting point, and the Court has the discretion to impose a higher disqualification.

Is There No Way to Avoid a Disqualification?

In limited situations you can make an application to the Court for a restricted licence, also known as a work licence. If you have not been disqualified or suspended within 5 years prior to the offence, the offence is low or middle limit drink driving, or driving while a drug is present in your saliva, and you would have a valid open licence if not for the disqualification, then you are eligible.

There are further tests before getting a work licence; you need to be deemed by the Court a fit and proper person, and you need to prove you would be deprived of your means of earning a living if the work licence was not granted. It is an involved process which requires the preparation of sworn affidavits and a detailed description of your personal and financial circumstances. We are experts in getting people work licences, and you may wish to help yourself to a free consultation with our firm if you want to explore your options.

Another way to avoid a possible disqualification is to write to the prosecution and ask them to downgrade or withdraw your charge, which is called a “submission”. This is also an involved process and often requires a persuasive argument backed by evidence you are working or made an honest mistake or have exceptional personal circumstances that would warrant some leniency. We have had some great successes with our submissions, for a few examples:

• Downgrading of a charge which had a mandatory disqualification of two years down to one of just one month.
• Downgrading of a charge from 6 months minimum to a charge which had no minimum.
• Getting prosecutors to drop one of two charges, which halved the minimum disqualification from 12 months to 6 months.  

The final way to avoid a disqualification is to contest the charge, and win, in court. This is an option that cannot be easily generalised in a short article and is better explained with targeted legal advice.

Are There Defences Available?

There are, of course. However, there are specific lines of defence for each charge and each set of circumstances which is beyond the scope of this guide.

What Things Does the Court Consider When Deciding the Disqualification Period?

The Court will take into account a number of factors. If it is a drink driving offence, the Court will:

• Take note of your blood alcohol content.
• Consider if you have a history of committing similar offences and driving offences in general,
• Consider the manner of your driving; i.e. did you come to the attention of the police because you were swerving all over the road, or was it a random breath test?
• Look at whether you have completed an education course such as Queensland Traffic Offenders Program.

These above are some of the things the Court will consider.

Conclusion

As you will have seen, although there are minimum disqualification periods, the period will differ depending on the charges and the circumstances of each case. You are able to avoid total disqualification, or achieve a lower length of disqualification, but this will almost always require the expertise of a lawyer. Each lawyer at Clarity Law is a driving law expert. We have appeared in hundreds of driving matters each, and thousands of cases in total. If you want the best possible outcome for your case, help yourself to a free consultation.

This short guide aims to outline how licence disqualifications are dealt with in the Children’s Court in Queensland.

There are a variety of offences under Queensland law which attract mandatory and discretionary licence disqualifications.

To name some:

• Dangerous driving
• Drink driving
• Drug driving
• Careless driving
• Evading police.

For example the law states an adult charged with high range drink driving must lose their licence for at least 6 months, the court has no power to reduce this period of disqualification. If an adult is charged with careless driving than the court has a discretion whether to disqualify the licence or not.  The court however recognises that people under 18 who are charged with traffic offences must be treated differently than adults in court.

How the Youth Justice Legislation Treats Disqualifications

Under the Youth Justice Act, which governs how the Children’s Court deals with child offenders, the legislation says that if a child if found guilty of an offence which would leave them liable, if they were an adult, to a period of disqualification, then the child must be disqualified to the same extent.

There are, however, multiple ways this outcome can be avoided.

Ways to Avoid Disqualification (as a Child)

If police caution a child in relation to an offence for which they could have been disqualified, then there will be no disqualification.

If police refer a child to restorative justice in relation to an offence for which they could have been disqualified, then there will be no disqualification.

If the child is less than 17 and a conviction is not recorded for a disqualifiable offence, then there will be no disqualification.

If the magistrate refers a child to restorative justice for an offence which the police did not, but should have, referred to restorative justice, then there will be no disqualification.

What is Restorative Justice?

A restorative justice conference is a meeting between a child who has committed a crime and the people most affected by that crime to discuss what happened, the effects of the offence, repairing the harm caused to the victim.

How Can Clarity Law Help?

We have recently achieved an excellent result for a client by our intimate knowledge of the legislation and cases around children’s court disqualifications. We had a client who was charged with dangerous driving and drink driving. He was staring down the barrel of a 9 month licence disqualification and probable loss of his tradie job. We were able to convince the magistrate to refer him to restorative justice and avoid any disqualification of his licence whatsoever.

This is a result he simply would not have been able to achieve without our representation.

In a word, yes.

Why do you need a Lawyer?

A lawyer experienced in criminal and traffic law can take your legal problem and figure out what to do with it very quickly – and then advise you of your options. We at Clarity Law have experience with all different kinds of cases: drugs offences, sexual offences, DV offences, violence offences, traffic offences and work licences, to name some. Without a lawyer you are like a ship in the middle of the ocean without a GPS – no idea where you are or where to go. Further, built into our prices is court representation – meaning the lawyer who advises you will be the lawyer who represents you in court.

How can Clarity Law help you?

We know the law. We know all the procedural steps in court. We know the judges and magistrates. We know how to write to the prosecutors. We know what to expect and we know the right things to say in court.

For ordinary working Queenslanders, we understand legal fees can be quite substantial. That is why we keep our costs reasonable, and on a fixed fee basis. You can see a list of some of our standard prices here. We believe our fees are amongst the most competitive in Southeast Queensland.

One factor for you to consider is although legal fees are a substantial up-front cost, they can save you in the long-run – our results can minimise disqualification periods, keep fines low, avoid criminal convictions, and make the granting of a work licence a near certainty.

Cant you just represent yourself?

You can, but it is a risky move.

Even for what might appear to be a simple drink driving or drug driving case, coming to court with a lawyer shows the magistrate you are taking the matter seriously. Because we know the individual magistrates, we know how each of them think and what they are likely to do. Especially if your licence is important to you, you are best off to get a lawyer so we can keep the disqualification to a minimum and get you a special licence if needed. To us, the traffic legislation in Queensland is like an old friend; messy, complex, and poorly put together, but we know her well.

In relation to criminal matters, we have good success negotiating with the prosecutors to drop charges or amend them to something less serious. In court, we are not only able to keep your penalty to a minimum (if you plead guilty), but we also fight hard so the court will not record a conviction. The recording of a conviction has serious consequences for you, because: the result shows up on any police check, your prospects for obtaining employment are hampered, and it interferes with your ability to travel overseas.

Our results

• Here some recent traffic related results we have achieved for clients, which just would not have happened without our help:
• Pointing out to a magistrate that the police charged our client with the wrong charge – so the client’s minimum disqualification period was 1 month instead of 3 months. Our client was disqualified for 5 weeks as a result, instead of 3 months
• Getting the prosecution to downgrade a disqualified driving charge with a minimum of 2 years disqualification to a charge with only 1 month minimum disqualification.
• Getting the prosecution to downgrade a unlicenced driving charge with a minimum of 6 months disqualification to a charge with no minimum disqualification.
• Winning an appeal against our client’s disqualification, allowing him to continue to work.
• Getting a fine without conviction for dangerous driving matter where our client injured a motorcyclist.
• For a client who pleaded guilty in the Children’s Court to dangerous driving and drink driving over the no alcohol limit, the matter was referred to restorative justice, with no other penalty or loss of licence.
• Appearing for a client who blew 0.39% (almost 8 times the legal limit), who received a fine and 18 months disqualification.

Conclusion

Although it may be appealing to save on legal fees by representing yourself, you can consider an investment in legal fees as an investment in your future – the outcome of any court case can have a serious impact on your ability to work and provide for your family, now or in the future.

Our fees are very competitive, and we invite you to make contact, get a quote, and speak with one of our expert lawyers.

For most of our clients the most important question they have when they contact us is what will be the penalty for my high range drink driving charge?

It is as you would imagine it’s a difficult question to answer.  What penalty a court in Queensland will impose for a high range drink driving charge depends on a number of factors all discussed below.

DUI, UIL and high range drink driving what’s the difference?

In practice DUI, UIL and high range all refer to the same thing.  DUI is driving under the influence, its term more associated with America rather than Australia but has been gaining more popularity over the years.

UIL means under the influence, it is largely being replaced by the term DUI but it is the more correct term used in Queensland and the term used in the law and in court.

High range drink driving is a term commonly used in the court and by lawyers and prosecutors.  It can be used interchangeably with UIL.

How long will my licence be disqualified for?

With a high range driving charge the absolute minimum disqualification period is 6 months (if you have no other drink driving or similar charges in the last 5 years) and there is no upper limit.  The court can and likely will impose a fine and if the circumstances are such more severe penalties.

The actual penalty depends on a number of factors including;

• Your reading
• Did a crash occur
• Was someone else in the car
• Why you were driving
• Your traffic and criminal history
• Your personal and work situation
• If you done a course like QTOP
• What Magistrate hears your matter

Your Reading

Your Blood or breath alcohol concentration (BAC) is the amount of alcohol in your body and is measured by the concentration on alcohol in your breath or blood. It is measured in grams of alcohol per 100 millilitres of blood.  Your reading will be over .15 if you are charged with drink driving.  The actual reading is a very important factor the Magistrate looks at when setting the penalty.

Did a crash occur

If there was a crash then this will increase the penalty.  This is especially true if other property was damaged or someone else was hurt in the crash.

Was someone else in the car

If someone else was in the vehicle then this may be a factor that the Magistrate takes into account as they would be concerned someone else was at risk.

Why you were driving

Why you were driving may be a factor.  If you were shifting the car a short distance or had been driving for a long period may affect the penalty.

Your traffic and criminal history

This is an important factor.  Your previous criminal and traffic history will be looked at closely by the Magistrate.  If you have previous drink driving charge this will almost certainly increase the penalty.  If the previous drink driving charge occurred in the last 5 years, and the police have served a notice to allege previous offences then the minimum disqualification will be increased.  For example if you had a low range drink driving charge in the last 5 years then the minimum disqualification increases from 6 months to 9 months disqualification.  Remember this is just the minimum disqualification the court can impose, they can impose penalties much higher than this.

Your personal and work situation

Your personal antecedents such as your personal and work situation will be taken into account by the Magistrate in setting the penalty.  This includes the impact the disqualification will have on your family and any impact on your ability to work.  If you are going to be restricted in your personal life or you will lose your job this is relevant factors for the Magistrate to consider.

If you done a road safety course

The recommended course in Queensland is QTOP

What Magistrate hears your matter

All the Magistrates in Queensland try and be consistent in setting a penalty.  In the ideal world this would mean you would get largely the same penalty whether your charges are heard in Southport Court, Beenleigh Court, Brisbane Court, Maroochydore court, Rockhampton court, Mackay Court or Townsville Court.

In practice each Magistrates has their own views on what the penalty for a high range drink driving charge should be.  This is one of the main reasons an experienced traffic lawyer who has appeared numerous times before the Magistrate is so important.

What other penalties will the court impose?

In almost all cases the court will also impose a fine.  In addition there is an offender levy that everyone must pay.

In cases where the reading is very high or where there was an accident or if the person has other drink driving charges the court may consider imposing

• Probation
• Community Service order
• Imprisonment

Will I go to prison?

Generally first time offenders would not be likely to be sent to prison however this depends on a number of factors including;

• Was there a crash
• Was any other cars or property damaged
• Was anyone injured
• What the blood alcohol reading was
• If the person has a poor traffic history
• Which Magistrate hears the matter

Only an experienced traffic lawyer can advise if a prison sentence is likely, even if it is the courts have the option of potentially suspending that sentence.  If you are worried about a prison sentence then get legal advice.

What can I do to minimise the penalty?

You should always engage an experienced  traffic lawyer to represent you if charged with high range drink driving.  Your lawyer can work out what things you need to do to reduce your penalty especially considering what Magistrate might be hearing your case.  In general we have found the following things useful in trying to reduce the penalty:

• Character references
• Attending a driving course like Queensland Traffic Offenders Program (“QTOP”).  We are a proud sponsor of QTOP and believe it is one of the most powerful things people facing a high range drink driving charge can do before their court date.
• If you have any alcohol or mental health issues then obtaining appropriate medical help

Can I get a work licence?

No, with a high range drink driving charge you cannot apply for a work licence.

Should I get a Traffic Lawyer to represent me?

In a word, yes this is not an offence where you should simply turn up to the Court without a lawyer.  The consequences and penalties the Court may impose are too serious not to seek to minimise the penalty by having a drink driving lawyer with you.

Engaging Clarity Law to act for you

Engaging us gives you the best chance at obtaining the lowest disqualification period and a fine as low possible.   We are the leading drink driving law firm in South East Queensland, virtually everyday our lawyers are in Court getting the best outcome for clients.  Since 2010 we have appeared in over 1,500 drink driving cases and no one has the experience we do.  Just some of the benefits of us acting for you for your drink driving charge include;

• we know the Magistrates and what they want to hear to give you the best outcome
• we have good relationships with the Police prosecutors meaning we can often have them not object to the Court imposing the minimum disqualification period applicable.
• we are there to help you through the process and make everything as stress free as possible, in most cases you will not have to say anything in Court
• engaging us shows the Court you are taking your charges seriously
• your matter will be heard early, often first, you do not have to wait for 20-30 other matters to be heard before you
• you will be fully informed of what is to happen in Court and what this means for you after Court
• unlike the police or the Judge, we are there to look after you, your privacy and your interests

What Courts do you appear in?

We appear in every Court in South East Queensland.  Just some of the Court we appear in are;

Brisbane

Beenleigh

Brisbane

Cleveland

Holland Park

Pine Rivers

Richlands

Sandgate

Wynnum

Sunshine Coast

Caboolture

Caloundra

Gympie

Maroochydore

Nambour

Noosa

Gold Coast

Beaudesert

Coolangatta

Southport

Ipswich

Ipswich

Darling Downs

Gatton

Toowoomba

We have offices at;

                Maroochydore

                Brisbane

                Brendale

                Gold Coast

                Ipswich

                Loganholme

What do you charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills.  Our fees are clearly posted on our website so that you know exactly what your costs will be.   

To see what we will charge for a guilty plea to a drink driving charge click here

If I contacted you what would occur?

If you contact us then likely Steven Brough the firms founder or our office manager Belinda Smyth will take the call or receive the email. They have 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Everyone of our lawyers are very experienced with thousands of courts appearances between them.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. use our contact form and we will contact you by email or phone at a time that suits you
2. call us on 1300 952 255 seven days a week, 7am to 7pm
3. email This email address is being protected from spambots. You need JavaScript enabled to view it.

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you atleast have more information about drink driving. You wont be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.  

Need more information?

We have a range of articles on drink driving on our blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths
• The Essential Guide to Obtaining a Work Licence
• Drink Driving on a Lime Scooter
• How Drink Driving Matters are Heard in Queensland
• What happens after your drivers licence is disqualified?
• Refusing a Breathalyser Test in Queensland
• Can you commit a drink driving offence in your driveway?
• Immediate suspension for drink driving
• Case Study - High Range Drink Driving and Disqualified Driving
• Three High Range Drink Driving Charges
• Special Hardship Orders v Work Licences
• High Range DUI
• Going through a drink driving charge in Brisbane Magistrate Court
• DUI Charges 
• Ultimate Guide to High Range Drink Driving

Factsheet

We have available the most comprehensive factsheet about high range drink driving charges in Queensland.  Use the link below to download it.

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This article general information only and not legal advice and is written subject to our disclaimer that can be read by clicking here

Liability limited by a scheme approved under professional standards legislation

Background

Section 83 of the Transport Operations (Road Use Management) Act 1995, creates the offence of driving without due care and attention or without reasonable consideration of other persons using the road or place. This is commonly referred to as “careless driving”.

In 2018, the Queensland Government amended section 83 to create additional, harsher punishments for careless driving causing death or grievous bodily harm. This amendment was made in response to recommendations made by the State Coroner in the Inquest into the Death of Audrey Ann Dow.

Ms Dow was an 81-year-old woman who died from injuries she suffered after a head-on collision with another car. The other car drifted into Ms Dow’s lane, causing the accident. The driver of the other car had been previously disqualified from driving by the courts and, therefore, should not have been driving at the time of the accident.

The other driver was charged with careless driving. He was fined $4,000 and further disqualified from driving. Shockingly, he was caught driving again just seven weeks after being convicted.

The Coroner found that Queensland’s traffic legislation lacked an “intermediate” offence between careless driving and dangerous driving. The 2018 amendments were designed to address this deficiency.

What is Careless Driving?

To state it briefly, careless driving is any driving that falls below the standard expected of road users. Careless driving can be either deliberate or (as is more often the case) due to momentary inattention or due to distraction. In other words, it does not matter why your driving was substandard, it only matters that it happened. Whether your driving is considered careless depends on all the surrounding circumstances considered objectively. Again, it does not matter whether or not you thought your driving was not carelessYou can also be guilty of this offence even if no accident resulted from your manner of driving. Examples of careless driving include:

• A tow-truck driver who was driving while fatigued, fell asleep at the wheel, drifted across the road, woke up, tried to correct the truck back onto the road, hit a guard rail which caused the truck to spin 180 degrees, hit the guard rail on the other side of the road, fell off the road, and landed on the truck’s roof;

• A bus driver causing injuries to someone who became pinned between their parked car and the bus while it was pulling into a bus-parking space at Brisbane Airport;

• A driver mounting a curb, then a footpath while daydreaming, then colliding with a person riding a bicycle;

• A driver turning left into a side street, then performing a U-turn, then turning left again in order to avoid a red traffic light;

• A driver who turned left and drove into a group of pedestrians who were crossing the road at the same time. For some reason, the driver thought that the pedestrians would wait on the traffic island until his car cleared the intersection.

Thus, causing avoidable accidents will constitute careless driving, regardless of how the accident occurred. A possible defence to this charge is to prove that the accident was caused by something out of the driver’s control (such as unforeseen mechanical failure, etc).

It is also important to note that the standard expected of competent drivers include being alert to unexpected things occurring (such as other cars speeding, people or animals suddenly walking onto the road, etc). You could be charged with careless driving if you fail to account for the unexpected behaviour of others.

What is Grievous Bodily Harm

The phrase “grievous bodily harm” is defined in Queensland criminal legislation as:

• the loss of a distinct part of an organ or body; or

• serious disfigurement; or

• any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury or death;

whether or not treatment is or could have been available.

In simple terms, grievous bodily harm is the infliction of permanent, serious injury on a person. The seriousness of the injury or injuries must be assessed at the time of the accident. Grievous bodily harm can include psychiatric injury; that is, a clinical condition (instead of “mere” fear or distress, etc).

As a matter of law, grievous bodily harm is the most serious form of harm you can do to a person, short of causing death.

Maximum Penalties

There are three, different, maximum penalties for careless driving depending on the circumstances of in which the careless driving occurs.

Firstly, if you are unlicenced, drive carelessly, and cause grievous bodily harm or death to someone else, the maximum penalty is either a fine of 160 penalty units (currently $21,352) or imprisonment for two years. You are also disqualified from driving for six months from the date of conviction.

Secondly, if your licence is valid, drive carelessly, and cause death or grievous bodily harm to someone else, the maximum penalty is either a fine of 80 penalty units (currently $10,676) or imprisonment for 1 year. You are also disqualified from driving for six months from the date of conviction.

Thirdly, if your licence is valid, drive carelessly, but do not cause death or grievous bodily harm to anyone else, the maximum penalty is either a fine of 40 penalty units (currently $5,338) or imprisonment for 1 year. There is no mandatory disqualification from driving. However, the court has a general discretion to disqualify you from driving if you commit any offence which involves the use of a motor vehicle.

Careless driving offences are dealt with in the Magistrates Court.

Given that these offences are so new, there is not (as at the date of writing) a body of comparative case law that guides the courts as to what punishments to impose on offenders in the particular circumstances of their case. Thus, it is currently difficult to predict with any degree of certainty how the courts are likely to deal with your matter.

As a general guide, however, we expect that, if the following circumstances are present in your case, then the court will consider it a serious instance of careless driving:

• Another person was killed or suffered serious, permanent injuries;

• Deliberately careless driving;

• Being disqualified from driving or unlicenced at the time of the accident; and

• The traffic conditions at the time of the incident which could have made the accident worse (such as peak-hour traffic, twilight or night-time driving, wet conditions, etc).

In these situations, we would expect that the court will impose hasher penalties than if all or any of those factors were not present. Of course, the court must also consider the general factors that are considered in any sentencing, such as your personal circumstances, traffic history (or lack of), co-operation with authorities, etc.

Conclusion

Careless driving is a serious traffic offence. The penalties for this offence can include imprisonment and loss of licence. The increased severity of these punishments reflects the changing attitudes that Queenslanders (and the Queensland Government) have towards traffic offences, especially traffic offences which cause death or grievous bodily harm to others.

Should you find yourself being charged with this offence, it is important to get legal advice and legal representation as soon as possible. You do not want to face the prospect of a possible prison sentence without legal assistance.

Should I get a drink driving lawyer to represent me for a second drink driving offence?

Some people of course decide just to go to court and throw themselves on the mercy of the court and hope everything turns out fine. The difficulty with this is the court can be harsh, this is a very serious charge and will be treated like that by the courts and the victim.  Unless you know what to say and what not to say to the magistrate then you won’t get the best outcome. 

Traffic Lawyers aren’t that expensive and you get to have an expert on your side taking care of everything at court and looking out for your rights and best interests.

You can see our fixed prices by clicking here

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255seven days a week, 7am to 7pm

3. Click hereto select a time for us to call you back

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button to the right and leave us a message

We are often contacted by Queensland drivers wondering what their options are when they receive notice that they have exceeded their allowable demerit points. 

In Queensland all drivers start with zero points and if an offence is committed anywhere in Australia and that offence carries demerit points as part of the punishment then those demerit points are added to the drivers traffic record.

When do demerit points start from?

Demerit points apply from the date you commit an offence. They are recorded on your traffic history when any of the following has occurred:

• the fine has been paid or referred to the State Penalty Enforcement Registry (SPER)
• you plead guilty to the offence in court or are found guilty
• you have been issued with an order for an interstate offence

How long are the demerit points on my driver’s licence?

For open licence holders the demerit points will stay on your traffic history for 3 years.

What if I exceed my demerit points?

If you exceed your demerit points you will be sent a notice to choose by Queensland Transport and will have two choices either;

1. Have your licence suspended for the requisite period (generally 3 months but it can be up to 5 months if you incur more than 20 demerit points); or
2. Elect a good driving behaviour period

If you elect to have your licence suspended, you cannot later change your mind and you cannot apply for a special hardship licence for the next 5 years.

What if I failed to make a choice?

If you do not make a decision of whether to suspend your licence or elect a good driving behaviour period then Queensland Transport will assume you wanted your licence suspended and your licence will then be automatically suspended from the due date for the requisite period.  

What if I elect a driving suspension or fail to make a choice by the due date and are caught driving?

If you are caught driving without a licence you will be charged with unlicensed driving and subject to a 6 month court disqualification.  You cannot apply for a special hardship or work licence at this point.

Good driving behaviour period

If you elect a good driving behaviour period by the due date then for a year you are subject to the requirement of a good driving behaviour period.  There are no restrictions on your driving however the key point is you cannot incur more than 1 demerit point during this period.  If you incur 2 or more demerit points within the year (the time runs from the date of the offence not the date the charge is finalised or paid) then you breach the good driving behaviour period.

What if I breach the good driving behaviour period?

If you breach the good driving behaviour period then your licence will be suspended for 6 months (it can be longer depending on how many demerit points you incurred on the good driving behaviour period).

What if I breach the good driving behaviour period but still need to drive?

If you breach your good driving behaviour period and still need to drive then you might be able to apply for a special hardship licence (also known as a hardship licence or special hardship order) to allow you to drive for specific reasons during the licence suspension.

A special hardship licence is only available where you are on a 12 month good driving behaviour period and incur a further traffic offence or are caught driving more than 40 km/h over the speed limit.

You are not eligible to apply for a Special Hardship Order (“SHO”) if, within the last five years before making the application:

• you have previously made a SHO application,
• your Queensland driver licence was suspended, disqualified or cancelled
• you have obtained a work licence

You must prove to the court that losing your licence will cause severe and unusual hardship to you or your family (by depriving you of the means of earning your income or some other critical issue) and that you are a fit and proper person having regard to your traffic history.

You will receive a letter from QLD Transport advising of your suspension date. Please note unless you have lodged your application for a SHO before that date you will not be able to drive after your licence is suspended, until you have filed the documentation. 

There is no longer a  21 day time limit from the date your licence is suspended to apply for a hardship licence however once your licence is suspended you cannot drive until you have lodged and filed the application and none of the days that elapsed from when your licence is suspended till the application is lodged with the court counts towards the period you will be on the special hardship licence.  For example if you wait a month after your licence is suspended before applying for a special hardship licence and your special hardship will last 6 months then that one month does not reduce the 6 month period on the special hardship licence.

An application for a special hardship licence is heard in the Magistrates Court with jurisdiction closet to where you live and requires extensive affidavits of yourself and if employed from your employer.

If you are successful in obtaining a SHO your licence may restrict you to

• Drive to and from work using the shortest route possible
• Drive for purposes directly connected with your means of earning your income
• Drive for any special hardship grounds granted by the court e.g. driving a family member to receive chemo treatment.  You should note that the court must be convinced that by not allowing you to drive for the specific reason sought that you will suffer severe and unusual hardship.  As you can see this is a very difficult thing to show, it can’t be just that you will suffer hardship but that you will suffer severe and unusual hardship. Often clients want to retain the ability to drop children at school.  Some Magistrates will simply deny this no matter what is said, while the ones that may grant it will need to be convinced there is no other method of the children getting to school except by being driven by the person applying for the special hardship licence.

Please note the court may impose other the following conditions on your licence including;

• Requiring you to complete a driving diary
• Limiting what hours or days you may drive
• Limiting who you may carry in the motor vehicle
• Limiting the class or type of vehicles you may drive

During the period of the SHO you can only drive as above.  It is important for you to understand that you do not have a full licence during the period of the SHO.    The SHO will apply for the period of your licence suspension, i.e. the period is usually 6 months.

The other critical aspect of a special hardship licence is you get zero demerit points which means even if you incur one demerit point your licence will then be suspended for 12 months.

Example

Let us the example of a person found to have used a mobile phone (other than in a parked vehicle) In that case they will be fined $1,000 and incur 4 demerit points.

If they are an open licence holder with no demerit points then the addition of 4 demerit points to their traffic history won’t affect their licence.  However what if they already had say 9 demerit points or if you were provisional licence holder then the addition of the 4 demerit points means they have exceeded their allowable amount of demerit points.  If that case they be sent a notice to choose and given two choices either;

1. Have their licence suspended for the requisite period (generally 3 months but it can be up to 5 months if you incur more than 20 demerit points); or

2. Elect a good driving behaviour period

If they elect a suspension or don’t make any election by the due date then their licence is suspended.  

If they elect a good driving behaviour period then for 12 months they must not commit an offence or offences that exceed 1 demerit point.  If they do commit and offence while on a good driving behaviour period they might be able to apply for a special hardship licence.

How do I check how many demerit points I have?

You can check your demerit point balance using the demerit points online service provided by Queensland Transport.

What demerit points apply for different offences?

Queensland Transport has a list on their website of all the traffic offences and what demerit points apply.  It can be accessed at www.qld.gov.au/transport/safety/fines/demerit/points

In Queensland we do not have period where all offences have double demerit points applying e.g. at Christmas however certain offences if committed twice in a 1 year period may incur double demerit points for the second offence.  These include;

• offences for speeding more than 20km/h over the speed limit
• mobile phone offences
• driver seatbelt offences
• motorcycle helmet offences

Can you help me get a Special Hardship Licence?

We absolutely can.  Our firm has conducted thousands of successful special hardship applications.  We have the knowledge and experience to give you the best chance of the court granting a special hardship licence.  We have a have on our website a dedicated page to Special Hardship Licence’s

We can help with a special hardship application in any court in South East Queensland, from the Gold Coast up to Maryborough and out to Toowoomba.

We have offices at;

                Maroochydore

                Brisbane

                Brendale

                Gold Coast

                Ipswich

                Loganholme

If you don’t live in South East Queensland we can still help draft the necessary affidavits.

How do I contact you or get more information?

We are open seven days a week from 7am to 7pm.

Email:                   This email address is being protected from spambots. You need JavaScript enabled to view it. 

Telephone:         1300 925 255

Website:              www.drivinglaw.com.au/services/hardship-licences.html

Contact Form:    www.drivinglaw.com.au/contact.html

Prices:                   www.drivinglaw.com.au/prices.html

Disclaimer: This article is for general information and is not legal advice.  The law or the practice of the court may have changed since this article was published.  Always obtain legal advice if you need to appear in court.

Liability limited by a scheme approved under professional standards legislation

Driving unlicensed is one of most common reasons that people are required to attend a Queensland court. There is a wide variety of unlicensed driving charges and consequently a wide variety of potential penalties. This guide seeks to give you an understanding of a charge of unlicensed driving and the penalty the court may impose. This guide is in relation to Queensland law only.

What is unlicensed driving

In essence unlicensed driving is where a person has driven on the road and at the time they did not hold a licence.

The law states that a person can be charged with unlicensed driving where;

                A person must not drive a motor vehicle on a road unless the person holds a driver licence authorising the person to drive the vehicle        on the road.

So then how does a person end up having no authority to drive? There are generally 6 main ways people can lose their authorisation to drive on the road and they are;

1. They either never held a driver’s licence or their drivers licence expired and was not renewed;
2. Their licence was suspended by the State Penalties Enforcement Registry (“SPER”) for a failure to pay a debt owed to the state. This might be an unpaid speeding ticket or something as simple as an unpaid parking ticket or unpaid toll;
3. Their licence was suspended as they exceed their demerit points;
4. Their licence was disqualified by a court for a previous offence;
5. Their licence was suspended because they had a medical condition that made them unsafe to drive on the road;
6. The person was required to have an interlock installed due to a previous drink driving offence or offences and at the time of driving the vehicle did not have an approved interlock installed.

Will I need to go to court?

For a simple offence of driving on an expired licence the police can issue a ticket as long as the driver did not previous unlicensed driving charge in the last 5 years. For all other offences, subject to some minor conditions, the police are required to issue a notice to appear in court. The court will be the Magistrates court closet to where the unlicensed driving occurred.

How does an unlicensed driving charge come about?

We have represented almost 1,000 people with unlicensed driving charges and the most common ways the charges can come about are;

1. A person incurred a debt to the government for example a toll or speeding ticket. For some reason that fine has gone unpaid or they have missed a payment under an instalment plan. In that case SPER has the power to suspend a person’s drivers licence. They are required under the legislation to send out a letter to last known residential address registered with Queensland Transport saying this will occurred unless the person contacts them and makes payment or organises a payment plan. It is important to note that SPER only needs to send the letter out suspending the licence they do not have to check that person received the letter

2. A person exceeded their demerit points and then did not elect a good driving behaviour period within the time limits or did and then exceed two or more demerit points on the good driving behaviour period and did not or could not apply for a special hardship licence. We have a whole page devoted to special hardship licences and that can be access here.

3. A person was disqualified by a court order and has driven during that disqualification or less seriously the disqualification period has ended and they have driven before applying for their licence back.

4. A person who had a high range drink driving charge or two low or mid range drink within the last 5 years and was required to install an interlock device in their car and failed to do so.

What will happen in court?

Generally most court matters follow this procedure;

1. The court will generally start at 9:00am
2. From just after 8:30am there will be a police prosecutor in the court room giving people their QP9 (what is a QP9 see our article here) and asking people if they are pleading guilty, not guilty or seeking an adjournment
3. Once the court starts your name will be called at some point
4. The court will then ask you if you are pleading guilty, not guilty or seeking an adjournment.
5. If you are seeking an adjournment then the court is quite willing to grant an adjournment on the first occasion the matter is heard in court. If you seek further adjournments the court will need to be convinced you have a valid reason.
6. If you are pleading guilty then the guilty plea can usually be conducted there and then. The police prosecutor will provide the court with a verbal overview of what occurred and then tender your criminal and traffic history (if you have any). You can then address the court on what occurred and the penalty to be imposed. The types of things that the court might be interested in hearing from you in regards to the penalty included.
   1. Why the offence occurred
   2. What you do for living
   3. How much money you make a week
   4. The impact a disqualification will have on your family and personal life
   5. The impact a disqualification will have on your employment or education
   6. Addressing any similar charges you have previously committed

What penalties can the court impose

Table below sets out the disqualification ranges available to the court. In addition the court can impose fines and in serious cases, especially disqualified driving charges, a term of imprisonment.

Are there any defences?

Defences are available in certain circumstances. Possible defences include;

1. Disqualified Driving
   1. The driver was not driving a motor vehicle
   2. The driver was not on a road
   3. The disqualification period had ended
   4. It was someone else driving

2. Unlicensed driving due to demerit points or SPER suspension
   1. The driver was not driving a motor vehicle
   2. The driver was not on a road
   3. It can be proven that SPER or Queensland Transport did not send out a notice saying that the licence was to be disqualified
   4. It was someone lese driving the motor vehicle

In addition there might be available (in limit situations) a defence of driving for an extraordinary emergency. The Criminal Code at section 25 states;

Subject to the express provisions of this Code relating to acts done upon compulsion or provocation or in self-defence, a person is not criminally responsible for an act or omission done or made under such circumstances of sudden or extraordinary emergency that an ordinary person possessing ordinary power of self-control could not reasonably be expected to act otherwise.

For example if a person needed to be driven to hospital, it was a life threatening situation and no other options were available. In other case’s the court have been willing to accept where a person was driving to get medication for a sick child. As with any potential defence this area of law is particularly complicated and you will need to seek legal advice if you think you have a defence.

What is not a defence is to claim you did not receive the notification that your licence was going to be suspended. The court needs only be satisfied that the notice was sent to the last known address of the driver. On average we would have 3-4 people a week ring up saying they have been charged with unlicensed driving because the notice never arrived or was sent to an old address. Queensland Transport wont send a notice of suspension to a PO Box.

Can I get a work licence or other permit to drive during a disqualification?

No, there is no ability to apply for a work licence, special hardship licence or any permit to drive. If you lose your licence you will not be able to drive for any reason.

Is there any way to negotiate with the prosecutor to have the charge withdrawn?

In many situations it may be possible to negotiate with the police prosecutor to try and have the charge withdrawn or reduced to a charge that does not carry a mandator period of disqualification. Negotiations tend to work best for charges such as unlicensed driving due to a SPER suspension or demerit points. We have a article on negotiating with a prosecutor that can be found here

We are constantly negotiating with prosecutors on behalf of clients and we know what the Prosecutor needs to be told to try and be successful.

Should I engage a lawyer to apply for handle my charge?

While we obviously have a vested interest in people using a lawyer for their charge we are of the strong opinion that if your licence is critical to continuing to earn your livelihood then you use an experienced traffic lawyer.

Some advantages to using a lawyer includes;

1. It will increase the chance of a successful negotiation with the prosecutor
2. Lawyers know what the Magistrates wants to hear
3. They can help minimise your disqualification period
4. They will make the whole process easier and less stressful
5. You will have at court someone on your side fighting for the best result for you

If I’m going to engage a Lawyer why should I engage Clarity Law?

At Clarity Law we are experts in Queensland traffic law. We are in the court every single day helping people with traffic charges. We have handled almost 1,000 unlicensed driving charges. You simply can’t find a lawyer with more experience in the courts.

We also have upfront fixed fees with no hidden charges. Our prices are on our website unlike most law firms. The prices are listed at www.drivinglaw.com.au/prices.html

We are also a no pressure firm which means feel free to ring, we can give initial advice and help but you aren’t pressured to engage us but of course we are more than happy if you do.

We also cover every court in South East Queensland from Coolangatta all the way to Gympie and out to Toowoomba.

Our offices are located at.

Sunshine Coast

Level 3, 14-18 Duporth Avenue

Maroochydore 4558

Brisbane

Bluedog Business Centre

Level 1, 16 McDougall Street

Milton

Southport

Corporate Centre One

Level 15, 2 Corporate Court

Bundall

Loganholme

M1 Business Centre

Level 2, 3972 Pacific Highway

Loganholme

Ipswich

Ipswich Corporate Office

16 East Street

Ipswich

Brendale

North Brisbane Serviced Offices

3/22-24 Strathwyn Street

Brendale

How do I get more information?

We are open seven days a week from 7am to 7pm.

Email:                   This email address is being protected from spambots. You need JavaScript enabled to view it. 

Telephone:         1300 925 255

Website:              www.drivinglaw.com.au/services/unlicensed-driving.html

Contact Form:    www.drivinglaw.com.au/contact.html

Disclaimer: This article is for general information and is not legal advice.  The law or the practice of the court may have changed since this article was published.  Always obtain legal advice if you need to appear in court.

Liability limited by a scheme approved under professional standards legislation

Introduction

A work licence (also known as a restricted licence, section 87 licence or day licence) is a special type of licence that may be issued by the court to persons convicted of a low or mid-range range drink driving charge (a BAC reading under .15) or certain drug driving charges in Queensland.   A work licence replaces your normal Queensland drivers licence for the period of the disqualification imposed by the court.

A work licence can only be used for work purposes; you cannot use a work licence to drive to the shops or dropping kids off at school. A work licence is designed to allow you to continue to earn a living where a driver’s licence is an essential component to you earning that living.

It is also critical to understand that the work licence must be applied for before the court imposes a disqualification period for the drink or drug driving offence. Once the court imposes the licence disqualification you cannot apply for a work licence.

Can I apply?

To be eligible to apply for a work licence you must:

1. hold a current Queensland open driver's licence for the vehicle you were driving. The open licence must have been held at the time of committing the offence.  Provisional and learner drivers cannot apply for a work licence
2. have had a blood alcohol level of less than 0.15% or the drug driving offence must be been driving with a relevant drug and not drug driving UIL
3. not have been driving for your job at the time you were charged. There are some exceptions where driving is not the main component of your job e.g. labourers driving to a work site or fencing contractors picking up materials to use onsite
4. not have been driving under a licence that required your blood alcohol level (BAC) to be zero e.g. if you are on a learner, provisional, probationary or restricted license.

In the last five years you must not have:

• been convicted anywhere of drink driving or a similar offence
• been disqualified by any court
• had a licence suspended or cancelled (except in some limited circumstances like certain SPER suspensions that did not go to court).
• Applied for a work licence

What do I need to provide in my application?

To apply for a work licence you must file in the court where your drink driving charge is being heard (and serve on the police prosecutor) at least the following;

1. An affidavit of yourself setting out;
   1. Your personal circumstances like where you live, with who etc
   2. What work you do and a detailed explanation of what driving for work you need to do
   3. The days and hours you work including any overtime
   4. Why you can’t use taxi’s or public transport
   5. Your financial circumstances including your income and expenses and those of you partner (if applicable)
   6. How your employment or if self-employed your income would be affected by not being granted a work licence
   7. How the drink driving charge came about and if necessary you will need to address other offences on your traffic history (or criminal history)
   8. What conditions the court should impose on your work licence

2. If you are employed then your employer must provide an affidavit confirming the need for a work licence and if it not granted that you will be deprived of the means of earning your income

3. An application form for a section 87 (Work licence) available at any court registry for a full use this link www.courts.qld.gov.au/contacts/courthouses

How does the Court judge my application?

In order for the court to grant a work licence you must show the court that you are a 'fit and proper person' and that if you don't get a work licence this will cause you or your family extreme hardship by depriving you of your means of earning a living.

The court will generally judge whether you are a fit and proper person based on your traffic history. Character references can also help a court decide you are a fit and proper person; this is especially true where your reading was mid-range (between .1 and .149). References can be from anyone who knows you well and thus can speak to your character but generally characters references from work colleagues or employers carry the most weight. The other effective thing you can do to improve the courts view of whether you are a fit and proper person is to complete a driving court. There are a number of courses but our strong recommendation is the Queensland Traffic Offenders Program (“QTOP”). The QTOP course is well regarded by the courts and can be done in person or online. Details can be found at their website www.qtop.com.au

The court judges whether you will be derived of the means of earning your income based on yours and if applicable your employer’s affidavit. It is critical to your application to show that you will suffer this extreme hardship. This is usually easier to prove for an employed person as your application must be accompanied by an affidavit of your employer that confirms you will be deprived of the means of earning your income if a work licence is not granted. It is harder to prove for self employed people and may require you to provide financial records to the court or to provide an additional affidavit of your accountant or the person you contract to.

Conditions the Court might impose on a work licence

Generally the court will be looking to impose one or more of the following conditions;

1. Restricting the days and hours you can drive to the bare minimum to complete you job or business requirements
2. Restricting whether you can carry passengers
3. Requiring you to complete a log book before driving
4. Requiring you to wear your work uniform when driving
5. Limiting what classes of vehicle you can drive

Before the Court Date

Your need to make sure that before your court date that;

1. You and your employer need to take the Affidavits to a Justice of the Peace or Solicitor or commissioner of declarations and sign each and every page in their presence;
2. ensure that the Justice of the Peace or Solicitor witnesses your signature by signing each and every page;
3. Attend the Court Registry and collect an application form for a work licence (these are also available at Queensland Transport) file your original signed Affidavits with 2 photocopies. The Court will stamp them, keep the original and give you two copies back.  It is also a good time to file any character references you may wish the court to read.
4. Then attend the Police Prosecutions unit (which is generally in the police station near the court, you should ask the court registry where this is) file on of the copies of the affidavits and the pink copy of the application for a work licence. Also give them a copy of any character reference you filed at the registry.
5. Keep your copies of the affidavits, application form and references and take them to court on the court date.

Things to consider

What should I wear to court?

You should wear the most business like clothes you feel comfortable wearing. Perhaps it best to describe the clothing as what you would wear to a job interview. Please don’t wear clothes you are uncomfortable wearing but don’t wear your work uniform or clothes with prominent logos or writing. Never wear flip flops or shorts to court.

What should I bring to court?

You should have already filed and served on the police prosecutor all your written material.

You should bring a copy of;

1. Your signed and witnessed affidavit
2. Your Employers signed affidavit (if not self-employed)
3. Any character references you wish to present to the court
4. The application form you filed

You should also bring your driver drivers licence and around $50 to pay for your new licence at Queensland Transport if a work licence is granted.

Will I get a Criminal Record?

No all traffic convictions are just that, traffic convictions, they are not considered to be criminal charges. The courts are unlikely not to record a traffic conviction unless specific evidence is placed before it that a traffic conviction will harm you in some way. It is very rare to have no conviction recorded.

Will my matter be in the Paper?

Possibly, the court is an open court. What this means is that any person is entitled to watch the court proceedings. This also means that a reporter is entitled to report on what occurred in the court. It is not possible to have the court ban the reporting.

How long will I lose my licence for?

This is almost an impossible question to answer. It depends on your circumstances, your traffic history and criminal history (if any), your reading, the circumstances of your arrest and the Magistrate on the day.

Generally the courts will impose a longer disqualification period where you are granted a work licence. This can be up to double the period you would get without a work licence.

A very general guide to penalties is listed below; please note this is not legal advice as to your potential penalty it is merely a rough general guide. Some Magistrates will increase your disqualification period with a work licence, others will not and this is why we cannot give you an accurate idea of your potential disqualification.

Generally any fine will be referred to SPER. You can arrange with SPER to make payments on the fine or to pay it in one lump sum. For more information on SPER visit www.qld.gov.au/law/fines-and-penalties/state-penalties-enforcement-registry. Alternatively you can pay the fine at the court but there may be a delay as the information from the sentence is entered into the database.

What will happen in the court?

Please arrive at least 30 minutes before your court time.

Find out which court you are in and wait outside that court. Turn off your phone.

Eventually a Police Prosecutor will arrive you should then go and speak to them and confirm who you are and that you are applying for a work licence. Please make sure they have all your affidavits.

At this point is a good idea to ask the police for a copy of your charge documents and traffic history. Do this by asking for your “QP9” (this is the document number and is what it is referred to in the courts). Check the QP9 while you wait for the court to start to ensure it is correct. If it isn’t go and talk to the Police Prosecutor.

The court will start when the Magistrate enters, please stand whenever the depositions clerk or Police Prosecutor calls ‘all rise’ and then wait for the Magistrate to sit down before sitting yourself.

Wait for your matter to be called and then approach the table where the Police Prosecutor is. You will stand to the far left of the table. Remain standing while the Magistrate asks what you are doing. Tell the Magistrate that you are pleading guilty to the charge and that you wish to apply for a work licence. Please address the Magistrate as “Your Honour”. The Magistrate will then ask you to sit.

The Police Prosecutor will read a brief statement of facts and give the Magistrate a copy of your traffic history and breath analyst certificate. All of these documents will be in the QP9 so you should have already seen them.

Once the Police Prosecutor finishes the Magistrate will read the affidavits and if they have any queries they will ask you. Generally we find the Magistrates will not ask many questions. If you have not already filed any character reference tell the Magistrate you have some, the Police Prosecutor take them from you and will give them to the Magistrate.

If a work licence is granted a Magistrate will first give you a disqualification period and then a fine and finally will read out the terms of the work licence being granted.

You will then be asked to sit outside the court or at the registry to wait for your work licence order. It is this document that you take to Queensland Transport. Please check the order is correct before leaving the registry.

For more information on how a Magistrate court works go to www.justice.qld.gov.au/justice-services/courts-and-tribunals/going-to-court and select virtual tour from the menu to the left.

I was granted a work licence – now what?

If you are granted the work licence then before you can drive again then you need to go to Queensland Transport and have your licence re-issued as a work licence. You cannot drive to the Queensland Transport office. Also unless you are returning to work or driving for work purposes from Queensland Transport then you would need a lift home as your work licence would not cover for the trip between Queensland Transport and your home but it would cover you to drive from Queensland Transport back to work.

You must also comply with the requirements of any court order in relation to your licence, this may be the requirement to complete a logbook or similar. Also throughout the period of the work licence you must keep a copy of the court order in any motor vehicle you drive.

If you are caught driving outside the terms of your work licence then you will be disqualified for the balance of the disqualification period left to run plus an additional 3 months.

What if I am not granted a Work Licence?

If you are not granted a work licence then you have the right to appeal and this must be done within one calendar month of your court date. Those time limits are very strict. It is beyond the scope of this article to provide information on appealing the refusal to grant work licence, you would need to obtain urgent legal advice.

What happens after my disqualification period?

After the period of disqualification has ended you will need to attend Queensland Transport and reapply for your proper licence. You cannot simply start driving after your disqualification period has ended. Please don’t drive to Queensland Transport as you are not entitled to drive until after you have been to Queensland Transport. Also remember to bring 100 points of ID.

After you have been disqualified you will be on a probationary licence for 1 year, this means that;

1. You have only 4 demerit points available
2. You have a zero alcohol limit for 1 year. This 1 year started at the time your licence was disqualified by the court and the work licence granted so you may only have a few months to run at this point.

You do not have to re-sit any tests to get your licence back.

Should I engage a lawyer to apply for a work Licence?

While we obviously have a vested interest in people using a lawyer for a work licence application we are of the strong opinion that if your licence is critical to continuing to earn your livelihood then you use an experienced traffic lawyer.

Some advantages to using a lawyer for a work licence includes;

1. It will increase the change of getting the work licence and the hours you require significantly
2. Lawyers know what the Magistrates wants to hear to grant a work licence
3. They can help minimise your disqualification period
4. They will make the whole process easier and less stressful
5. You will have at court someone on your side fighting to get the work licence granted

If I’m going to engage a lawyer why should I engage Clarity Law?

At Clarity Law we are experts in Queensland traffic law. We are in the court every single day helping people with traffic charges. We have successfully argued the court grant over 1,000 work licence applications. You simply can’t find a lawyer with more experience in the courts. We also have upfront fixed fees with no hidden charges.

We cover every court in South East Queensland from Coolangatta all the way to Gympie and out to Toowoomba.

Our offices are located at.

Sunshine Coast

Level 3, 14-18 Duporth Avenue

Maroochydore 4558

Brisbane

Bluedog Business Centre

Level 1, 16 McDougall Street

Milton

Southport

Corporate Centre One

Level 15, 2 Corporate Court

Bundall

Loganholme

M1 Business Centre

Level 2, 3972 Pacific Highway

Loganholme

Ipswich

Ipswich Corporate Office

16 East Street

Ipswich

Brendale

North Brisbane Serviced Offices

3/22-24 Strathwyn Street

Brendale

How do I get more help or engage you to act for me? 

We have been operating since 2010 and undertaken 1000’s of drink driving charges throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. email This email address is being protected from spambots. You need JavaScript enabled to view it.
4. Visit our main website or drink driving page or work licence page

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving. You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.  

Need more information?

We have a range of articles on drink driving on our blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths
• The Essential Guide to Obtaining a Work Licence
• Drink Driving on a Lime Scooter
• How Drink Driving Matters are Heard in Queensland
• What happens after your drivers licence is disqualified?
• Refusing a Breathalyser Test in Queensland
• Can you commit a drink driving offence in your driveway?
• Immediate suspension for drink driving
• Case Study - High Range Drink Driving and Disqualified Driving
• Three High Range Drink Driving Charges
• Special Hardship Orders v Work Licences
• High Range DUI
• Going through a drink driving charge in Brisbane Magistrate Court
• DUI Charges

This article general information only and not legal advice and is rewritten subject to our disclaimer that can be read by clicking here

Whenever you are charged with a traffic offence there is usually the scope to try and negotiate those charges with the police prosecutor or the Office of the Department of Public Prosecutions (“DPP”). This is known as case conferencing in Queensland.

For the purpose of this article, we will use two examples. One is an unlicensed driving charge, the other is a dangerous operation of a motor vehicle charge (“dangerous driving”).

Negotiations with the police prosecution unit or DPP are almost exclusively done by lawyers. You can of course self-represent yourself and negotiate with the prosecutor and prosecutors are always willing to listen to unrepresented people, however, most people simply don't have the skills to properly negotiate with the prosecutor as it is simply not skill that they have learnt or indeed would want or need to learn.

So let's first take the example of an unlicenced driving charge. Unlicenced driving carries different penalties depending on what exactly the unlicenced driving component relates to. For example, unlicensed driving charge at its worst can be a disqualified driving charge where a person has deliberately driven after the court disqualified their licence. In that case you are looking at a minimum of two years licence disqualification or it might be an unlicensed driving charge as a result of a licence becoming expired and you simply not realising it and that you drove on that expired licence and for that charge there is no mandatory licence disqualification.

Let's use the example of a demerit points suspension. That is where a person has driven whilst their licence has been suspended due to the accumulation of demerit points. This typically occurs where a person goes through their 12 (or 4 if a provisional licence holder) demerit points and then elects to lose their licence for three months or makes no election and is automatically assigned a three month licence suspension and then drives during that period. You will get a notice to appear in the Magistrates court on the unlicensed driving charge whilst the demerit points suspended. That charge carries with it a mandatory disqualification period of six months and there is no work licence or special hardship licence available for this charge. The ability to negotiate with the prosecution unit over the charge is a critical factor.

Negotiations are an informal process referred to amongst lawyers and prosecutors as case conferencing. It is not specified how case conferencing or negotiations need to take place. However, typically it is either face to face, over the phone or where the lawyer sends written submissions to the prosecutor to consider.

In the case of the demerit point suspension, given that there is a mandatory six months disqualification, what typically happens is the lawyer would seek to try and reduce the unlicensed driving (whilst demerit point suspended) charge down to a lesser charge of unlicensed driving charge that does not carry mandatory disqualification periods. Now there are a number of factors that need to go into whether or not the prosecutor would accept that reduced charge and a person’s traffic history is one of the main factors. Other things to look at is the need for that person to drive and exactly why their licence came to be suspended. For example, if you elected to lose your licence for three months and drove, then the prosecutor is less likely to agree to reduce the charge than if you had gone through your demerit points, not realised this and you had received an automatic three months suspension from Queensland Transport because you did not elect a good driving behaviour period.

What would typically happen is if the charge is reduced or withdrawn then on the next court date or on the first date if the first court mention date has not occurred yet the police prosecutor would seek to amend the current charges to that reduced charge or if they are withdrawing the charge they will offer no evidence in regards to the charge and the court will dismiss the charge and the client is free to go without any punishment.

Lets take a look at another example, that is dangerous operation of a motor vehicle (“dangerous driving”). This is a serious charge. It is a criminal charge as opposed to a traffic offence and carries with it the real risk that you will lose your licence for at least six months and possibly much, much longer.

Case conferencing often occurs once the police prosecutors brief (or most commonly known as the QP9) is provided to you or your lawyer. The QP9 will set out what the police prosecutor intends to tell the court happened, including the alleged driving and how that driving is alleged to be dangerous.

Negotiations or case conferencing with the prosecutor tends to look at trying to get that dangerous driving charge reduced to careless driving. A dangerous driving charge carries with it a minimum of six months disqualification if no one was seriously hurt or if there is no alcohol or drugs involved. A person found guilty of dangerous driving can also not apply for a work licence or special hardship licence. Careless driving on the other hand is a less serious charge, it is not a criminal offence it is a traffic offence and carries with it no mandatory disqualification. The court can still choose to disqualify a persons licence for a careless driving charge but handled correctly the court typically would not record a disqualification. Other areas of negotiation might be that the police won’t be able to prove that it was our client that was driving the vehicle or that there was some other legitimate reason for driving as they did. So you can see that negotiations and case conferencing in regards to dangerous driving is critical and if carried out successfully can save a person from losing licence for at least six months.

If you need any advice on a traffic related charge and have a court appearance in any South East Queensland court we can help you. We can be contacted on 1300 952 255 seven days a week. Our website is at www.drivinglaw.com.au

Whether you call it a hardship licence, a special hardship licence, a high speed suspension licence or demerit point licence you are likely to have questions about what will happen in court. From the almost 1,000 successful special hardship applications we at Clarity Law have made the following are the most frequently asked questions.  This information applies only to hardship licence applications in Queensland.

What time should I arrive?

You should arrive no later than 30 minutes before the time your special hardship application is to be heard (45 minutes is better). The time will be listed on your application form.

How long will this take?

The court hears matters with lawyers representing clients first; then adjournments and finally unrepresented people proceeding with their special hardship application. It might take up to 1-2 hours before your matter is heard.

What should I wear?

You should wear the most business like clothes you feel comfortable wearing. Perhaps it best to describe the clothing as what you would wear to a job interview. Please don’t wear clothes you are uncomfortable wearing.

What should I bring?

You should bring a copy of your application form and affidavits. The originals should already have been filed with the court and with Queensland Transport. Also bring your driver’s licence and if you attended QTOP or similar programs a copy of your attendance certificate.

What do I do after arriving at the court?

You need to talk to the Prosecutor from Queensland Transport about your special hardship application. However they don’t appear at every court. Ask at the registry if a prosecutor is present. If they are go and speak to them, if they aren’t wait in the assigned court room. The police don’t handle Special Hardship Applications.

What will happen in the court?

Basically the Magistrate will ask you what is happening with your application. If you are self-represented you need to go through your application and the affidavits with the Magistrate. You will suggest to the Magistrate what conditions they should impose on the Special Hardship Order. The Magistrate will have questions about your need to drive and whether you are a fit and proper person to be granted a Hardship Licence. After you are finished the Magistrate will give their decision. If you have a lawyer they will do all the talking.

Please refer to the Magistrate as “Your Honour” and follow basic court protocol like standing when the Magistrate enters the court room and standing when speaking to the Magistrate.  You should also turn your phone off and not consume food or drink in the courtroom.

What will happen after the Court?

If your Special Hardship Application is granted you will be required to attend your local Queensland Transport (‘QT’) office to have a new licence issued (you cannot drive from the court to QT). There is a fee for this. Your local QT office can be found by going to this site www.qld.gov.au/transport/contacts/centres The licence you get back has a X3 condition meaning you are subject to a SHO. Once that licence is issued you can drive as per the order i.e. you could drive to work from QT to work but not from QT to home. After 6 months (or the period of the suspension) you will need to return to QT to have a new licence issued.

If for some reason your special hardship is not granted you have the right to appeal that decision. The appeal must be made within 28 days of the date the decision was made.

What happens if the Magistrates Court refuses to grant my application for a SHO?

If the court does not grant the SHO, your licence suspension will continue for the period of the licence suspension that had not been served before the application for the SHO was made.

How long will my SHO apply for?

The SHO will apply for the length of the suspension period detailed on your suspension notice and begins from the date of the court order. Generally this is 6 months.

Can I apply to have my SHO driving restrictions varied?

Yes. You may apply to a Magistrates Court to vary the restrictions stated on your SHO if the circumstances under which you are required to drive have changed since the SHO was originally granted to you.  This might include changing your employment or role at work.

What happens if I do not comply with the restrictions under my SHO?

If a court convicts you for the offence of failing to comply with your SHO your licence will be disqualified as follows;

• if your SHO still applies — the balance of the order period still to be served by you as well as an additional three months

• if your SHO no longer applies — three months from the day of your conviction (this only applies where you are charged with an offence of failing to comply with your SHO conditions)

How many demerit points do I get on my special hardship licence?

The law has recently changed and you cannot incur any demerit points on the SHO. If you incur demerit points on the SHO your licence will be suspended for 12 months.

What happens when the period of my SHO ends?

When the SHO period has ended, you may return to Queensland Transport to have your licence reissued (at no charge) without the ‘X3’ condition code. We have received conflicting advice from Queensland Transport in regards to what happens to your demerit points incurred before the SHO was granted and that are still “on your record”, our understanding is that you will have no demerit points after the SHO finishes but you should check this when getting your licence back after the SHO finishes.

If your offence was a high speed offence then the 8 demerit points you received remains on your record for the 3 years.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Visit our main page at www.drivinglaw.com.au 
3. Visit our special hardship page at www.drivinglaw.com.au/services/hardship-licences.html
4. See our essential guide to special hardship licences www.drivinglaw.com.au/blog/item/26-essential-guide-to-special-hardship-licences.html
5. Call us on 1300 952 255 seven days a week, 7am to 7pm
6. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

This article is for general information only and is not a substitute for legal advice. Please visit our disclaimer page at www.drivinglaw.com.au/disclaimer.html Clarity Law's liability limited by a scheme approved under professional standards legislation.

At Clarity Law we have been able to assist almost a thousand people obtain a Special Hardship Order ("SHO") since 2010. We have obviously been able to acquire a lot of knowledge during this time and this guide is meant to give people a basic understanding of what it might take to apply for a hardship licence in Queensland. Special hardship licences are also sometimes referred to demerit point licences or just hardship licences. For more information contact us on 1300 952 255 or visit our Special Hardship Order page or our main page at www.drivinglaw.com.au

Introduction

A special hardship licence is a special type of licence that may be issued by the court to persons who travel over the speed limit by more than 40 km/h or exceed their demerit points on a good driving behaviour period.   A special hardship licence allows you to drive during the suspension of your licence (generally 6 months but can be longer)

A special hardship licence can only be used for the purposes stated by the court; you cannot use a special hardship licence to drive to the shops or dropping kids off at school unless the court has specifically allowed this to happen. A special hardship licence is designed to allow you to continue to earn a living where a driver’s licence is an essential component to you earning that living or for some other specified serious reason.

Can I apply?

To be eligible to apply for a special hardship licence you must hold a current Queensland open or provisional driver's licence for the vehicle you were driving and in the last five years you must not have:

• been convicted anywhere of drink driving or a similar offence
• been convicted in Queensland of dangerous driving
• had a licence suspended, disqualified or cancelled (except in some limited circumstances).
• Applied for a special hardship licence

If you are unsure whether you can apply then contact us.

You will need to file an affidavit of yourself and if you are not self employed an affidavit of your employer saying without a licence you will be deprived of the means of earning your income.  It cannot be a letter it must be a signed and witnessed affdavit in the correct format.

How to apply

You must apply to the Magistrates Court in the district or division in which you live after your licence has been suspended (you can apply on the day your licence is suspended or if you want to apply before the suspension date you need to attend a Queensland Transport office and have your suspension start earlier.

Your affidavit should include your:

• name, address and job details
• details of your family
• details about how your licence came to be suspended
• Why you are a fit and proper person to get a special hardship licence
• Details of your traffic history
• details that you are a ‘fit and proper person’ that respects the safety of other road users and the public –

• Your work details including
  • your current work and how long you have done it
  • what your work involves and the days and hours you work
  • why you need a licence to keep that job
  • why you cannot do your job without a licence e.g. why you can’t use public transport
• Your financial situation –
  • what you get paid each week
  • any other family income, eg if your partner works, money from investments, rent etc
  • what you spend each week on the most important things, eg rent/mortgage, food, transport, health, school fees, phone, internet
  • other things you think are important that you need or want to spend money on.

You need to make sure the affidavits are signed and witnessed (in triplicate).  You then need to attend the court and file an application and the affidavit and pay the filing fee.  You then need to serve a copy of all those documents on your local Queensland Transport offence.

The court will give you the date and time your application will be heard.

How does the Court judge my application?

In order for the court to grant a special hardship licence you must show the court that you are;

• a 'fit and proper person' and
• that a refusal to grant the licence would cause extreme hardship to you or your family by depriving you of your means of earning a living or severe and unusual hardship to you or your family, other than by depriving you of your means of earning a living

The court will generally judge whether you are a fit and proper person based on your traffic history. Character references can also help a court decide you are a fit and proper person.

We strongly suggest you complete a traffic offender program before your court date. The one we recommended is the Queensland Traffic Offenders Program (“QTOP”). Their website is at www.qtop.com.au

The court judges whether you will lose your job based on yours and if applicable your employers affidavit.

What restrictions will the court impose?

The court may restrict the hours and circumstances in which you can drive. Generally unless there is a very good reason the court will not grant you a 24 hr / 7 day licence. The court can only grant you a special hardship licence for the licence classes you already hold.

Generally the court will be looking to impose one or more of the following conditions;

1. Restricting the days and hours you can drive
2. Restricting whether you can carry passengers
3. Requiring you to complete a log book
4. Requiring you to wear your work uniform when driving

What should I wear to court?

You should wear the most business like clothes you feel comfortable wearing. Perhaps it best to describe the clothing as what you would wear to a job interview. Please don’t wear clothes you are uncomfortable wearing.

What should I bring?

You should bring copies of;

1. Your signed and witnessed affidavit
2. Your Employers sign affidavit (if not self-employed)
3. If you completed QTOP then the attendance certificate

You should also bring your driver drivers licence and around $30-50 to pay for your new licence at Queensland Transport if a special hardship licence is granted.

Will I get a Criminal Record?

No

How long will I lose my licence for?

Generally 6 months but this depends how many demerit points you incurred.

What will happen in the court?

Please arrive at least 30 minutes before your court time.

Find out which court you are in and wait outside that court. AT THIS POINT SWITCH OFF YOUR MOBILE, PLEASE TURN IT OFF COMPLETELY AND NOT JUST PUT IT ON SILENT

Eventually a Queensland Transport Prosecutor will arrive you should then go and speak to them and confirm who you are and that you are applying for a special hardship licence. Please make sure they have all your affidavits and references. They will indicate whether or not they oppose the application and if they do why. If they do oppose the application you should ask if there is any course or other things you can do so they will not object.  At this point is a good idea to check your traffic history with the prosecutor (they have a copy) and answer any questions they have.

If Queensland Transport does not send a prosecutor to the court they will likely have emailed the court outlining their position of whether you should get a hardship lcience or not.  The Magistrate in that case will tell you what Queensland Transport has said.

The court will start when the Magistrate enters, please stand whenever the depositions clerk calls ‘all rise’ and then wait for the Magistrate to sit down before sitting yourself.

Wait for your matter to be called and then approach the table where the Prosecutor is. You will stand to the far left of the table. Remain standing while the Magistrate asks what you are doing. Tell the Magistrate that you are applying for a special hardship licence. Please address the Magistrate as “Your Honour”. The Magistrate will then ask you to sit.

The Prosecutor will tell the court their position on the application Once the Prosecutor finishes the Magistrate will read the affidavits and if they have any queries they will ask you.

If a special hardship licence is granted a Magistrate will ask you to sit outside the court or at the registry to wait for your order. It is this document that you take to Queensland transport. Please check the order is correct before leaving the registry.

For more information on how a Magistrate court works go to www.justice.qld.gov.au/justice-services/courts-and-tribunals/going-to-court and select virtual tour from the menu to the left.

I was granted a special hardship licence – now what?

If you are granted the Licence then before you can drive again then you need to go to Queensland Transport and have your licence re-issued as a special hardship Licence. Also unless you are returning to work or driving for work purposes from Queensland Transport then you would need a lift home as your Licence would not cover for the trip between Queensland Transport and your home but it would cover you to drive from Queensland Transport back to work.

You must also comply with the requirements of any court order in relation to your licence, this may be the requirement to complete a logbook or similar. Also throughout the period of the special hardship Licence you must keep a copy of the court order in any motor vehicle you drive.

If you are caught driving outside the terms of your licence then you will be disqualified for the balance of the disqualification period left to run plus an additional 3 months.

REMINDER: YOU CANNOT DRIVE FROM THE COURT TO QUEENSLAND TRANSPORT

What happens if the Magistrates Court refuses to grant my application for a SHO?

If the court does not grant the SHO, your licence suspension will continue for the period of the licence suspension that had not been served before the application for the SHO was made. You my be able to appeal the decision not to grant the special hardship but very strict time limits apply.

How long will my SHO apply for?

The SHO will apply for the length of the suspension period detailed on your suspension notice and begins from the date of the court order.

Can I apply to have my SHO driving restrictions varied?

Yes. You may apply to a Magistrates Court to vary the restrictions stated on your SHO if the

circumstances under which you are required to drive have changed since the SHO was originally granted to you.

What happens if I do not comply with the restrictions under my SHO?

If a court convicts you for the offence of failing to comply with your SHO or you incur 2 or more points under the SHO, your licence will be disqualified as follows;

• if your SHO still applies — the balance of the order period still to be served by you as well as an additional three months

• if your SHO no longer applies — three months from the day of your conviction (this only applies where you are charged with an offence of failing to comply with your SHO conditions)

 You cannot incur any demerit points during a SHO, even incurring 1 demerit point will lead to your SHO being cancelled.

What happens when the period of my SHO ends?

When the SHO period has ended, you may return to Queensland Transport to have your licence reissued (at no charge) without the ‘X3’ condition code. We have received conflicting advice from Queensland Transport in regards to what happens to your demerit points incurred before the SHO was granted and that are still “on your record”, our understanding is that you will have no demerit points after the SHO finishes but you should check this when getting your licence back after the SHO finishes.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Visit our website at www.drivinglaw.com.au
3. Call us on 1300 952 255 seven days a week, 7am to 7pm
4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

This article is for general information only and is not a substitute for legal advice. Please visit our disclaimer page at www.drivinglaw.com.au/disclaimer.html Clarity Law's liability limited by a scheme approved under professional standards legislation.

If you appear in a Queensland court charged with a traffic offence such as drink driving, drug driving or dangerous driving and plead guilty or are found guilty then the court will likely disqualify your drivers licence (many offences such as drink driving and drug driving carry mandatory minimum periods of disqualification). The purpose of this article is to give people some guidance as to what occurs after you leave the court if your licence has been disqualified.

Do I Get to keep my Physical Licence?

No, you are required to surrender your licence to Queensland Transport by the day after the court disqualifies you or to the police prosecutor at the court. It is an offence to be in possession of a licence if you have been disqualified by a court.

The surrender of your licence may in some circumstances deprive you of your main form of identification, you may therefore wish to attend Queensland Transport before the court and obtain a proof of age card to help with identification during your period of disqualification.

When does the Disqualification Begin?

The disqualification starts immediately. You would not be able to drive once you leave the court

What does this mean if you hold a licence granted outside of Queensland?

If disqualified, you are not authorised to drive on a road in Queensland under your non-Queensland driver licence during the disqualification period.  If your licence is from another state in Australia then your disqualification should prevent you from driving anywhere in Australia. You will need to check with your local transport authority.

What happens if you have any Industry or Driver Authorisations?

The disqualification period will also apply to any Industry or Driver Authorisation held by you (for   example a taxi, tow truck, bus, limousine, dangerous goods, driver trainer or pilot vehicle licence).   At the end of the disqualification period you will be required to visit or contact a Queensland Transport Centre or licence issuing agent to have your eligibility to hold an Industry or Driver authorisation reassessed.

What happens if you drive during your disqualification?

If you are found driving during your disqualification period, you will be charged with disqualified driving and you will be required to appear in court. If the charge is proven, the court will further disqualify you for a period of at least 2 years to a maximum of 5 years and may impose a substantial fine or sentence you to term of imprisonment for up to 18 months.  If you keep getting these offences you are going to need a good criminal lawyer.

How do I pay my fine?

Generally any fine can be referred to SPER. You can arrange with SPER to make payments on the fine or to pay it in one lump sum. For more information on SPER visit www.sper.qld.gov.au/. Alternatively you can pay the fine at the court but there may be a short delay as the information from the sentence is entered into the database.

Offender Levy

As from 21 August 2012 all people who plead guilty or are found guilty in the Magistrates Court must pay a levy (currently $125.80) in addition to any penalty imposed by the Magistrate.  The levy is separate from any monetary penalty we have advised the Magistrate may impose.  More details can be found at http://www.courts.qld.gov.au/about/offender-levy

What happens after my disqualification period?

After the period of disqualification has ended you will need to attend Queensland Transport and reapply for your licence. You cannot simply start driving after your disqualification period has ended. Please don’t drive to Queensland Transport as you are not entitled to drive until after you have been to Queensland Transport. Also remember to bring 100 points of ID.

After you have been disqualified you will be on a probationary licence for 1 year, this means that;

1. You have only 4 demerit points available
2. You have a zero alcohol limit for 1 years

You do not have to re-sit any tests to get your licence back (if you have held a licence in the past 5 years).

Please note that if you have more than one disqualification period imposed for example if you committed two offences that carried separate disqualification periods or you were already serving a disqualification then your disqualifications may run cumulatively meaning they run one after the other and not at the same time. You will need to check with Queensland Transport about this. If your licence disqualifications add up to more than 2 years you might be eligible to apply for a licence reinstatement after 2 years. More information on licence reinstatements is available on our website.

Interlock

Please note you may be required to have an interlock device fitted to your vehicle once you are eligible to obtain your driver’s licence back. This requirement applies to certain drink driving charges. The court has no discretion to allow you not to do this as it is a Queensland Transport licencing requirement. This is an area that is subject to constant change, for more information visit www.tmr.qld.gov.au/Licensing/Licence-suspensions-and-disqualifications/Alcohol-ignition-interlocks.aspx

How do I get more help or engage you to act for me? 

We have been operating since 2010 and undertaken 1000’s of drink driving charges throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. email This email address is being protected from spambots. You need JavaScript enabled to view it.
4. Visit our main website or drink driving or work licence page

We cover all courts in South East Queensland from the Gold Coast to Brisbane and the Sunshine Coast and out to Toowoomba.  We have 6 offices in South East Queensland to assist people. We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving. You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.  

Need more information?

We have a range of articles on drink driving on our blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths
• The Essential Guide to Obtaining a Work Licence
• Drink Driving on a Lime Scooter
• How Drink Driving Matters are Heard in Queensland
• What happens after your drivers licence is disqualified?
• Refusing a Breathalyser Test in Queensland
• Can you commit a drink driving offence in your driveway?
• Immediate suspension for drink driving
• Case Study - High Range Drink Driving and Disqualified Driving
• Three High Range Drink Driving Charges
• Special Hardship Orders v Work Licences
• High Range DUI
• Going through a drink driving charge in Brisbane Magistrate Court
• DUI Charges

This article general information only and not legal advice and is rewritten subject to our disclaimer that can be read by clicking here

Recent changes to the legislation covering special hardship orders (SHO) will increase the amount of people who can apply in Queensland.

Currently people who elect to go on a good driving behaviour period after accruing too many demerit points and then exceed the demerit points on that driving behaviour period or those who commit a high speed offence (over 40 km/h) may be able to apply for a special hardship order to allow them to drive for certain specified reasons, generally work related. All the details on special hardship licences and the eligibility requirements can be found on our special hardship information page.

The time limit for applying for the special hardship licence was strictly 21 days after the licence became suspended.

However as of 1 April 2019, the application period for suspended drivers seeking a SHO was removed. The amendment provides flexibility by taking into account that a suspended driver may experience a change in circumstances at any point during their licence suspension period that would require them to apply for a SHO. From 1 April 2019, a driver on a suspended licence may apply at any point in time during their suspension for a SHO should they need to and should they meet the eligibility requirements.

None of the eligibility requirements have changed and the granting of the special hardship order is still up to a Magistrate but the amendment to the legislation provides more flexibility to people on a suspension who suddenly find their circumstances changing and the need to drive becoming a necessity.

Its important to note that the period of the special hardship order has not changed. The period of the suspension before applying for a special hardship licence will not count towards the period of the special hardship licence. In most cases the SHO runs for 6 months that means if a person’s licence was suspended 3 months ago and they then decided to apply for a special hardship order they would still have to serve at least 6 more months on the SHO.

For more information check out of website at www.drivinglaw.com.au

In Queensland, the drink driving legislation distinguishes between three levels of offences:

• Low Range: Blood alcohol readings between .05 and .099

• Mid Range: Blood alcohol readings between .1 and .149

• High Range: Blood alcohol readings above .15

The different levels of drink driving also have different levels of immediate licence suspension by the police.

How long will my licence be suspended for?

The law Queensland provides that any person who is charged with a drink driving offence that is a mid-range or high-range drink charge will immediately lose the ability to drive.   This lasts until a disqualification is imposed by the courts.

Those persons who have a low-range drink driving charge only have a 24-hour prohibition on driving after being arrested.

If you are charged with fail to provide police with a specimen of breath or blood then your licence will be suspended until your court date this also applies to being charged with dangerous operation of a motor vehicle while under the influence

How might the immediate suspension affect me?

For low range drink drivers who only have a 24 hour suspension the impact will usually not be substantial.

Mid-range and high-range drink drivers who have received an immediate suspension notice from the police will often suffer a huge shock to both work and personal life arising from the inability to continue to drive.   They will be unable to drive to and from work, collect children from school or drive to the shops.

Will the period of the suspension affect my disqualification?

The legislation does provide some levels of relief to the impact on the loss of a person's licence.

The first area in which the legislation provides some relief is that the period of suspension that a person has served under the notice may be taken into account by the Magistrate when setting the disqualification period for the drink driving charge. This does not mean that the disqualification that the court sets will run from the date of arrest, it will still run from the day that the Magistrate disqualifies the person's licence, however in setting the penalty the Magistrate may take into an account the period that a person has spent off the road.  This is especially important as in Queensland we have mandatory periods of disqualification.

This is meant to work in the following way. If the Magistrate was considering imposing a disqualification of two months and the person had already been suspended for a period of one month, then the Magistrate should set a penalty of one month only.

In practise, the period of time a person has spent under suspension may very well be taken into account by the Magistrate but each Magistrate treats that period of suspension quite differently. As the legislation doesn't provide that the Magistrate must lower the disqualification as a result of the person's immediate suspension period, simply then it may be taken into account, each Magistrate will use their own judgement as to how much they take into account the immediate suspension period.

Can I get the suspension removed?

The other way the legislation provides some relief is that where a person is challenging a drink driving charge or applying for a work licence, then, under the act you are able to apply to the court for an immediate return of your licence. The requirements for the application are very similar to a work licence application in that a person must file an affidavit of themselves and an application form. This is known as a Section 79E Application.

Further information could be found on our website.

In practise this type of application is generally of most use where a person's court date for the hearing of a work licence application is some time in the future. For instance, Southport Magistrate's Court will not hear work licences on the first court date, so for example, say you had a mid-range drink driving charge and were immediately suspended and your first court date was three weeks into the future, then you will be suspended for the period up until your first court date plus whatever period runs from the date of your first court date to when the application for work licence is actually heard. This would generally be at least a week or two after the initial court date as Southport Magistrate Court only hear work licence applications on Tuesdays at 9am.

To mitigate that period of suspension, a person could lodge an application for a Section 79E Licence prior to the first court date and seek the ability to continue to drive up until the Magistrate ultimately deals with the entirety of the work licence application which as stated above, may be five weeks after the arrest.

There are strict timelines applying for people who are wanting to apply for a section 79E Licence and as such you need to take immediate legal advice should this be something you wish to pursue.

What happens if I am caught driving on the suspension?

Finally, we need to discuss the consequences of driving whilst on the immediate suspension. The law is extremely harsh in this regard. If you are caught driving whilst immediately suspended and before the court ultimately rules on your drink driving offence, then that driving will be treated as essentially driving whilst disqualified and will attract a minimum licence disqualification of two years. This would then be added on top of any period of disqualification you may receive for your drink driving charge.

We have had many examples where clients have recorded a drink driving charge, been arrested, then released and have immediately gone back to their car and started to drive again.  As they breach the immediate suspension, their disqualification period can end up being in excess of three years when the drink driving disqualification is added on, especially where they have returned to the car still over the legal limit for driving.

In those cases the potential three-year disqualification cannot be mitigated by applying for a work licence as the driving under the immediate suspension charge eliminates that possibility.

What’s the difference between suspension and disqualification?

In reality they both stop a person driving but technically a suspension is imposed by the police or Queensland Transport while a disqualification is imposed by a magistrate.

You can read more from our article on Disqualification vs Suspension, what is the difference in Queensland?

Conclusion

Understanding the nuances of Queensland's drink driving legislation is crucial for individuals facing charges. Seeking legal advice promptly and exploring relief measures can minimize the impact on personal and professional life.

Our experience

Since 2010 we have been representing people throughout Southeast Queensland who have been charged with traffic offences such as drink driving and need a good drink driving lawyer to represent them.  We aren’t a firm that does traffic law as just one area of law, we do traffic law exclusively. This means we have handled over 1,500 drink driving matters.

Our client’s often come to us nervous, worried and needing answers.  This is not a time for uncertainty over your future nor the costs you will pay.  The stress that a drink driving charge causes to people can be overwhelming, having an experienced drink driving law firm to help will give you a lot of relief.

We strive to give you immediate comprehensive advice and a fixed fee so you can be sure of your legal costs and whether you qualify for a work licence.  While we will never be the cheapest we do offer the best value in our humble opinion.

Steven Brough our founder is one of the most experienced traffic lawyers in Queensland and makes sure the whole firm is professional, caring and effective in getting the best for our clients.

What courts do you appear in?

We appear in every court in Southeast Queensland from Southport to Hervey Bay.  Just some of the courts we appear in are representing drink drivers include;

Brisbane

Beenleigh            Brisbane              Cleveland           

Holland Park       Pine Rivers          Richlands            

Sandgate             Wynnum

Sunshine Coast

Caboolture         Caloundra           Gympie

Maroochydore   Nambour             Noosa

Gold Coast

Beaudesert        Coolangatta        Southport

Darling Downs

Gatton   Toowoomba   Ipswich

Fraser Coast

Maryborough    Hervey Bay

What do you charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills.  The money goes into a trust account and cannot be taken by us until the matter is completed.

We are also upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you.  Clarity Law on the other hand are happy to list our prices as we are sure that although we are not the cheapest our prices, given our experience, is very competitive

Click here to see what we charge or see below for our current prices for a first time drink driving offence.

Work Licence (includes price of guilty plea)             $1,999

Drink Driving - Low range                                              $1,499

Drink Driving - Mid range                                              $1,599

Drink Driving - High range                                             $1,699

If this is not your first drink driving charge, you have other charges or an extensive history we will provide you with a fixed price quote. 

If I contacted you what would occur?

If you contact us, then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email or contact form. They have over 45 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete online in less than 15 minutes.  If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with many hundreds of courts appearances for drink driving charges each.

Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.  

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving.

You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.  

Need more information?

We have a range of articles on drink driving on our traffic law blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths

• The Essential Guide to Obtaining a Work Licence

• Drink Driving on a Lime Scooter

• How Drink Driving Matters are Heard in Queensland

• What happens after your drivers licence is disqualified?

• Refusing a Breathalyser Test in Queensland

• Can you commit a drink driving offence in your driveway?

• Immediate suspension for drink driving

• Case Study - High Range Drink Driving and Disqualified Driving

• Three High Range Drink Driving Charges

• Special Hardship Orders v Work Licences

• High Range DUI

• Going through a drink driving charge in Brisbane Magistrate Court

• DUI Charges

• Ultimate Guide to High Range Drink Driving

• Can you beat a DUI?

• Navigating Drink Driving Charges in Queensland: Top 5 Do's and Don'ts

• Disqualification vs Suspension, what is the difference in Queensland?

• The True Cost of a Drink Driving Conviction in Queensland

• How does a traffic matter proceed in the Southport Magistrates Court?

• Will I get a criminal conviction for a drink driving charge?

• Work Licence Affidavits

• Drink Driving Lawyers Brisbane

• Drink Driving Lawyers Gold Coast

• Drink Driving Lawyers Sunshine Coast

• Drink Driving Lawyer Ipswich

• Drink Driving Lawyer Beenleigh

• Drink Driving Lawyer Caboolture

• Drink Driving Lawyer Strathpine

We are asked everyday by people whether they can get a work licence, day licence or special hardship licence if they are disqualified by the courts or about to be.

In Queensland there are only two licences to allow a person to drive during a period of licence disqualification or suspension, these are work licences and special hardship licences.

A work licence is only available to people who are charged with a drink or drug driving offence and need to drive for work purposes.  The Government however only allows certain people to apply for a work licence.  To apply for a work licence you must be on an open Queensland drivers licence and the alcohol reading must be no more than .149.  You cannot apply if in the last five years you have had your licence suspended (unless it’s a SPER suspension), cancelled or disqualified.  This applies regardless of your circumstances (eg. You will lose your job, you can’t get your children to school etc). A work licence must be applied for at the time of sentencing for the drink or drug driving charge, it cannot be applied for later.  For full details on applying for a work licence see our work licence page.

A special hardship licence is only available to Queensland open or provisional licence holder who elect to go on a good driving period and lose 2 or more demerit points during that one year period.  A special hardship can also be applied for people who drive more than 40 km/h over the speed limit (high speed offence).  Like a work licence a person with a disqualification or suspension of the licence in the last 5 years cannot apply (a SPER suspension is an exception).  Unlike a work licence a Court can allow a person to drive for things other than for work purposes.  These need to be extreme circumstances such as on-going specialist, medical or counselling appointments.

The rules for a special hardship licence application are very complex, more details can be found on our special hardship licence page.

There are no licences available if you have already been disqualified by a Court and subsequently find you need a licence nor are there licences available if you have been charged with offences such as demerit point unlicensed driving.  If you do not qualify for a work licence or special hardship licence and are facing a disqualification by the courts then you will not be allowed to drive during that disqualification.

This area of law is changing constantly and you should get good legal help if you need to apply for a work licence or special hardship licence.

This article is written by Steven Brough one of Queensland’s most experienced traffic lawyers and contains general advice only not legal advice.  For more information on work licences and special hardship orders visit the driving law website or call 1300 952 255 7am – 7pm seven days a week.  

This article is for general information only and should not be relied upon as legal advice.

A high range drink driving is one of the most serious charges a person who has likely never been to court in Queensland can commit.

There are three different levels of drink driving for a Queensland open licence driver:

If you are charged with a high range drink driving charge in Queensland (also known as DUI or UIL) the mandatory minimum disqualification, for a first time offender, is 6 months and the court can impose a disqualification of anything up to an absolute disqualification.  Obviously your penalty will vary based on your exact alcohol reading, your traffic history, personal circumstances and the Magistrate handling your case.  This article is written to give someone facing a high range drink driving charge some idea of the court process.

What is a high range drink driving charge?

High Range drink driving is any drink driving charge in Queensland where the reading is at or above .15.  It is also known as a DUI that is driving under the influence but its actually more properly known as driving UIL that is driving under the influence of liquor.  The charge is contained in section 79 of the Transport Operations (Road Use Management) Act 1995.

What penalty will the court impose?

It is a given that someone charged with a high range drink driving charge is going to get a more severe penalty than that of a low or mid-range offender.  The law states that the licence disqualification period cannot be less than 6 months and will be imposed no matter what other penalties are also imposed.  The court will also almost always impose a substantial fine.

Exactly what penalty will be imposed depends on a number of factors including;

• Your reading

• Did a crash occur

• Was someone else in the car

• Why you were driving

• Your traffic and criminal history

• Your personal and work situation

• If you done a course like QTOP

• What Magistrate hears your matter

In essence the big factors are your reading, your traffic history and what your lawyers tells the court.

With a high range driving charge the absolute minimum disqualification period is 6 months (if you have no other drink driving or similar charges in the last 5 years) and there is no upper limit.

Learn more with our dedicated article on high range drink driving penalties.

What other penalties will the court impose?

In almost all cases the court will also impose a fine.  In addition there is an offender levy that everyone must pay.

In cases where the reading is very high or where there was an accident or if the person has other drink driving charges the court may consider imposing

• Probation

• Community Service order

• Imprisonment

What can I do to minimise the penalty?

You should always engage a traffic lawyer to represent you if charged with high range drink driving.  Your lawyer can work out what things you need to do to reduce your penalty especially considering what Magistrate might be hearing your case.  In general we have found the following things useful in trying to reduce the penalty:

• Character references

• Attending a driving course like Queensland Traffic Offenders Program (“QTOP”).  We are a proud sponsor of QTOP and believe it is one of the most powerful things people facing a high range drink driving charge can do before their court date.

• If you have any alcohol or mental health issues then obtaining appropriate medical help

Will I go to prison?

Generally first time offenders would not be likely to be sent to prison however this depends on a number of factors including;

• Was there a crash

• Was any other cars or property damaged

• Was anyone injured

• What the blood alcohol reading was

• If the person has a poor traffic history

• Which Magistrate hears the matter

Only an experienced traffic lawyer can advise if a prison sentence is likely, even if it the courts have the option of potentially suspending that sentence.  If you are worried about a prison sentence then get legal advice.  We have a article all about penalties for high range drink driving.

Will a conviction be recorded?

In Queensland a conviction for a high range drink driving charge will appear on your traffic history but not your criminal history.

In deciding whether to record a conviction the court under the law must consider the following factors;

• the nature of the offence; and

• the offender’s character and age; and

• the impact that recording a conviction will have on the offender’s—

  • economic or social wellbeing; or

  • chances of finding employment.

In assessing the character of a person the court will have a strong regard to that persons’ traffic history.

What happens in court?

We have 2 great articles that set out exactly how a drink driving charge is heard in Queensland.

• How Drink Driving Matters are Heard in Queensland

• Going through a drink driving charge in Brisbane Magistrate Court

Basically  the Court will ask you what is happening.  After you confirm a guilty plea then the police prosecutor will read from the QP9 and then a copy of your traffic history and criminal history (if you have one) will be given to the Magistrate.  You will then be asked to give what is known as a speech in mitigation which seeks to limit the sentence the Magistrate will impose on you.  After you are finished talking the Magistrate will give their decision. 

DUI, UIL and high range drink driving what’s the difference?

In practice DUI, UIL and high range all refer to the same thing.  DUI is driving under the influence, its term more associated with America rather than Australia but has been gaining more popularity over the years.

UIL means under the influence, it is largely being replaced by the term DUI but it is the more correct term used in Queensland and the term used in the law and in court.

High Range drink driving is a term commonly used in the court and by lawyers and prosecutors.  It can be used interchangeably with UIL.

Can I be charged with high range drink driving for refusing to give a breath test?

The police can charge you if you refuse to give a breath or blood test at the testing location (A RBT bus, the police station, the hospital etc).  The law then treats the offence like a high range drink driving charge with the same type of penalties.  This is a complicated area of the law.  We have an article that can provide some more information, that article can be found by clicking here.

If you refuse to give a sample of breath at the roadside this is a separate but less serious charge.

Can I be charged with high range drink driving for sitting in my car?

The law does not restrict where high range drink driving offence can occur. In other words, you can commit these offences anywhere. You only need to be:

• Driving a motor vehicle;

• Attempting to put it in motion a motor vehicle; or

• In charge of a motor vehicle.

We have encountered cases where people have been charged with drink driving offences where their car was:

• Parked in a driveway;

• Parked in a garage with the door shut;

• Parked in a shopping centre or pub carpark;

• Parked on the side of the road; and

• Being driven on a dirt track on private property.

In short, there is no where you can legally drink and drive. If you are found driving or in charge of a car anywhere in Queensland, you can (and probably will) be charged with an offence.

Can I apply for a work licence?

No, Work licences can only available to low to mid-range drink drivers. Regardless of your situation there is no way around this. There are other requirements you must meet to be eligible but if you are charged with high range drink driving you cannot apply for a work licence nor any other licence such as a special hardship licence  

If you are facing a high range drink driving charge it is important to have an experienced traffic lawyer and traffic law firm represent you to ensure you obtain the absolute shortest disqualification period and fine possible.

See our article on high range drink driving and work licenses.

Will I be subject to an Alcohol Ignition Interlock Device?

Anyone charged in Queensland with a high range drink driving charge (or 2 low or mid-range drink driving charges within 5 years) will be subject to having an alcohol ignition interlock device fitted to their vehicle at the conclusion of their suspension. The alcohol ignition interlock device is similar to a breath test device and is connected to your vehicles ignition. You must blow into with a zero alcohol limit before your vehicle will start. You will need to have the alcohol ignition interlock device for a minimum of 1 year.

The alcohol ignition interlock device needs to be installed by an approved provider and costs vary depending on your vehicle size and if you are a pensioner.  You will incur the costs associated with the rental, installation, servicing and removal of the interlock from your nominated vehicle. 

If at the end of your suspension period you decide not to have an alcohol ignition interlock device installed in your vehicle, you will be unable to drive for a further 2 years from the date your Court suspension ended.

Whilst there are grounds for an exemption, there are few and it is difficult to obtain. Grounds of exemption can be if you are residing in a remote location (over 150kms from an alcohol ignition interlock installer) or living on an island, have a medical condition preventing you from being able to use the device or you have extenuating circumstances. Please note that extenuating circumstances cannot be that you are unable to install the interlock for employment or financial reasons. 

It’s important to note that the court does not impose an interlock condition, it is a requirement imposed by Queensland Transport to get your driver’s licence back.  More information can be found on the Queensland Transport website.

The police told me I can’t drive until my court date, Is this correct?

If you are charged with a high range drink driving charge the police are supposed to serve you with a notice suspending your licence immediately.  This means that if your court date is 6 weeks away you cannot drive for 6 weeks prior to court and then in addition the court will impose a further disqualification if you plead guilty. 

The law does however allow a Magistrate to consider the time you were suspended before your sentence date when deciding what penalty to impose.

The penalty for being caught driving while on this suspension is very harsh.  Learn more from our article on driving on a police suspension.

Are there any defences to avoid the high range drink driving charge?

There are a number of possible defences to a drink driving charge, but the courts are reluctant to accept them. Some possible defences include not being in charge of the vehicle, not having driven in the 3 hours before the test.

It is also a limited defence if the police did not follow the correct procedure when requesting a sample of breath or blood.

In reality most defences are very limited.  We have a whole page about drink driving defences.

Can I just plead guilty online?

No, you must appear in court in person. 

If you live along way from the court where you are required to appear or live interstate then in some cases we can arrange to transfer the charge to a more convenient courthouse for you or for you to appear by phone (if your lawyer is present in court).

The Qld Court website has a list of all the courthouses in Queensland.

Can’t I just use the duty lawyer at court?

A duty lawyer is not about to assist people with drink driving charges unless you are at real risk of imprisonment.  If you don’t organize your own lawyer then you would have to face the Magistrate by yourself.

Remember if you are unsatisfied with the result then you must appeal to the District Court which will be a very difficult process.

High Range drink driving facts and myths

Demerit points – unlike some other states you will not occur any demerit points for a drink driving offence.

Section 10 – Section 10 applies only in NSW it does not apply in Queensland and we have no equivalent provision.  If you are charged with drink driving in Queensland you must get a licence disqualification.

When the disqualification begins – It begins the moment the court sentences you.

Work licence – There is not work licence, special hardship, day licence or any type of licence you can get if convicted of high range drink driving.

I wasn’t driving a car I was on a bicycle, scooter, horse etc – you can still be charged with drink driving but in must cases you won’t have a license disqualification.  We have a great article on drink driving on a lime scooter  

Should I get a Traffic Lawyer to represent me?

In a word, yes this is not an offence where you should simply turn up to the Court without a lawyer.  The consequences and penalties the Court may impose are too serious not to seek to minimise the penalty by having a drink driving lawyer with you.

If you have a bad traffic history, have previously been convicted of drink driving a DUI or drink driving Lawyer is critical.  We get 3-4 calls a week from people who represented themselves in court and received extremely harsh penalties and need to try and appeal the result.  In most cases an appeal is not possible or if it is will cost a huge amount for the legal fees.  It is better to have a lawyer from the start to minimise the drink driving penalty.

What do you charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills. Our fees are clearly posted on our website so that you know exactly what your costs will be.

To see what we will charge for a guilty plea to a drink driving charge click here

If I contacted you what would occur?

If you contact us then likely Steven Brough the firms founder or our office manager Belinda Smyth will take the call or receive the email. They have 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Everyone of our lawyers are very experienced with thousands of courts appearances between them.

My court case is tomorrow, is that enough time to engage us?

We can take on cases urgently so just contact us and we can sort it out. If there is not enough time to prepare before the court date then we can arrange for the charges to be adjourned for a few weeks.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to book a teleconference at a time that suits you

4. Email our firms founder at This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving. You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink driving charge will have an impact on you, your family and your employment or business.  

What Courts do you cover?

We cover all courts in South East Queensland from the Gold Coast to Brisbane and the Sunshine Coast out to Toowoomba.  We have 6 offices in South East Queensland to assist people. The offices are locacted at 

Maroochydore

Brisbane

Brendale

Gold Coast

Ipswich

Loganholme

Need more information?

We have a range of articles on drink driving on our blog.  Some of the most recent have included:

• High Range Drink Driving

• Top 5 Drink Driving Myths

• The Essential Guide to Obtaining a Work Licence

• Drink Driving on a Lime Scooter

• How Drink Driving Matters are Heard in Queensland

• What happens after your drivers licence is disqualified?

• Refusing a Breathalyser Test in Queensland

• Can you commit a drink driving offence in your driveway?

• Immediate suspension for drink driving

• Case Study - High Range Drink Driving and Disqualified Driving

• Three High Range Drink Driving Charges

• Special Hardship Orders v Work Licences

• High Range DUI

• Going through a drink driving charge in Brisbane Magistrate Court

• DUI Charges

This article general information only and not legal advice and is rewritten subject to our disclaimer that can be read by clicking here

We often get calls from people needing a special hardship licence for work purposes who also desire to be able to drive their children to school or other activities under that hardship licence.

First a bit of background, a special hardship licence or special hardship order is a licence that may be available to people who exceed their demerit points, elect to go on a 12 month good driving behaviour period and then during that period incur further demerit points.  In those circumstances unless a person applies for a special hardship licence then they will have their licence suspended for a minimum of 6 months and be unable to drive.  A person who has their licence suspended for exceeding the speed limit by more than 40 km/h (a high speed suspension) may also be eligible to apply for a special hardship licence. For more information about special hardship licences see our webpage - www.drivinglaw.com.au/hardship-licences.html

The special hardship licence is only available to people who are on a Queensland open or provisional licence and who have in the previous 5 years not had a licence suspension or disqualification (excluding SPER suspensions).

The special hardship licence is available where if the court were not to grant the order the applicant or their family would;

1.       suffer extreme hardship by depriving them of the means of earning a living; or

2.       suffer severe and unusual hardship for some other reason

To apply for a special hardship licence a person must lodge affidavits for themselves and their employer (if they are not self-employed) and must appear in their local court before a Magistrate to argue for the special hardship licence to be granted. For information on the timeline of a special hardship application see our previous article www.drivinglaw.com.au/blog/item/6-special-hardship-application-time-frames.html

In most cases it is relatively easy to establish that a person would suffer financial hardship if they lost their licence and as a result could not work.  What is much tougher is being able to establish that a person would suffer severe and unusual hardship if they could not drive their children to school or other activities.

It is important to note that a special hardship licence is not a licence to be able to drive whenever a person desires, the order for the special hardship licence, if granted by the Magistrate, will restrict the hours, days, reasons and places a person can drive.  The order will also restrict who a person can have in the car with them.  Therefore to be able to drive children a person would need to first convince the court that they or their family would suffer severe and unusual hardship if not able to drive the children and if that is established then the court will need to specify exactly where and when the children could be driven.

The general attitude of most Queensland Magistrates is that they will not grant a person the ability to drive their children to school or other activities. To be able to convince the Magistrate to grant the right to drive children to school generally a person would have to prove that;

1.        There is no public transport available to transport the children to school;

2.       There is no one else who could drive the children i.e a partner or family member (further Affidavits on behalf of these people may be required in some circumstances);

3.       The hours the parents work is such that driving the children to school is the only viable option to get them to school; or

4.       The children have special needs that means driving them to school is the only option.

When it comes to being able to drive the children to sporting or other activates the courts are even more reluctant to allow this.  Generally a person would only be able to drive their children to these activities if they could prove that

1.       The children have special needs such that the sporting or other activities help with or

2.       The children are competing at such a high level that if the parents cannot drive them they are likely to suffer severe and unusual hardship

The court would be looking for affidavit evidence from a doctor or a coach confirming the need to drive the children.

Due to the complexity of special hardship licence application, especially when requesting the licence to cover children’s needs it is important to engage a professional to represent you.

Clarity Law is Queensland’s leading traffic law firm covering every court is South East Queensland.

We undertake special hardship applications in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the process and the Magistrates like we do.  We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice.  If you want to engage us or just need further information or advice then you can either;

For more information visit our drink driving page or call 1300 952 255 7am – 7pm seven days a week

Disclaimer:

The information provided is for informational use only, and are in no way intended to constitute legal advice or to create a lawyer-client relationship, and you should not act or rely upon any information appearing in this article without seeking the advice of a lawyer. Moreover, because the law is constantly changing, the information appearing in this article are not guaranteed to be correct, complete, or up-to-date.  Steven and Clarity law only undertake matters in Queensland.

Clarity Law's liability limited by a scheme approved under professional standards legislation.

Whist careless driving (also known as driving with undue care and attention) and dangerous driving charges can result from similar circumstances this is not the case with the penalties with the potential penalty for dangerous driving being much more serious. Both charges can be accompanied with a drink or drug driving charge if the driver tests positive.

Careless driving is the less serious of the two charges as it is traffic charge, not a criminal charge, although it can still be punishable with a jail sentence. Depending on circumstances it is possible to obtain a result of no disqualification being put on your licence, although it does carry a mandatory loss of 3 demerit points if you plead guilty or are deemed to be guilty. Should you be on a good driving behaviour period and the 3 point loss will breach it you may be eligible for a special hardship licence – for more information see our website - http://drivinglaw.com.au/hardship-licences.html

Careless driving charges can come about from an incident as minor as skidding in the wet and your car hitting a gutter or a tree or having a collision due to being distracted by the radio or attending to an item they may have dropped.  Careless driving can also include accidents with pedestrians or other road users resulting in injuries to those people.  Drivers charged with this are believed to have been not paying enough attention to the road, not actually driving what is deemed to be 'dangerous'.  

Dangerous driving is the higher of the two charges and is in fact one of the few traffic related charge which is a criminal charge.

Dangerous driving charges occur when a driver was deemed to have driver a motor vehicle dangerously.  In deciding whether the driving was dangerous the court looks at the speed the vehicle was driven and whether the driving was dangerous to the public having regard to all the circumstances including:

(a)   the nature, condition and use of the place; and

(b)   the nature and condition of the vehicle; and

(c)    the number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place; and

(d)   the concentration of alcohol in the drivers blood; and

(e)   the presence of any other substance in the drivers body.

It is always a good idea to seek legal advice if you are charged with either careless driving but especially so for a dangerous driving charge.

Depending on the circumstances of a dangerous driving charge, witnesses, damage etc it can be possible to case conference/ put submissions to the Police Prosecutions to have the charge lowered to careless driving if there are reasonable grounds. This is assessed by obtaining the police court brief.

For more information see our website  - www.drivinglaw.com.au/dangerous-driving.html

Here at Clarity Law we represent driving charges in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the process and the Magistrates like we do.  We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice.  If you want to engage us or just need further information or advice then call 1300 952 255 7am – 7pm seven days a week

Disclaimer:

The information provided is for informational use only, and are in no way intended to constitute legal advice or to create a lawyer-client relationship, and you should not act or rely upon any information appearing in this article without seeking the advice of a lawyer. Moreover, because the law is constantly changing, the information appearing in this article are not guaranteed to be correct, complete, or up-to-date.  Steven and Clarity law only undertake matters in Queensland.

Clarity Law's liability limited by a scheme approved under professional standards legislation.

In Queensland police are increasingly undertaking drug driving tests in conjunction with normal drink driving RBT units. Police officers who are able to conduct the drug testing need to be specially trained in the use of saliva testing equipment and testing procedures. The number of Police that are now qualified to conduct the drug tests has increased dramatically in the last few years as well as the addition of 13 specially built drug testing vehicle to Queensland roads.  There is going to be an increasing amount of drug driving charges.

For example the amount of drug driving tests for the last 3 years include;

2014 - 21,000 drivers were drug tested in Queensland

2015 – 33,000 drivers were drug tested in Queensland

2016 – It has been estimated that over 50,000 drivers will be tested in Queensland

The roadside drug driving tests are carried out by taking a swab of a driver’s salvia.  The tests are designed to pick up the following illegal drugs;

1.       THC – the active component in cannabis

2.       Methylamphetamine – also known as speed, ice or crystal meth

3.       MDMA – also known as speed

A person caught with these drugs in their system will normally be charged with driving with a relevant drug in the system. When you are charged with this offence your licence will usually be suspended for a 24 hour period. Depending on your circumstances and traffic history it is possible to apply for a work licence if you are charged with driving with a drug in your system.

If the driver appears to be under the influence at the time they are driving or is believed to be affected by a drug to such an extent that they are endangering the public they will be charged with the higher of the two drug charges being, driving under the influence of a drug. If you are charged with this offence your licence will be suspended immediately up until your matter is dealt with by the Court. If you receive a driving whilst under the influence of drugs charge you cannot apply for a work licence. Further, if you are believed to be under the influence it is not uncommon for the Police to then search your vehicle for drugs or drug paraphernalia.

It is also possible to be charged with driving under the influence of drugs if you are driving a vehicle with legal drugs in their system, that being legally prescribed medication.  The decision is made at the police’s discretion as to whether they believe the drugs have affected the person to such a degree that their driving was impaired. 

If the police suspect a person has been impaired they may be required to give a sample of their blood for further testing. At the time a blood test is taken you are allowed to request that the Police provide you with a sample of your blood so you can have it tested independently.

A key component to proving the charge in court will be the statement of the arresting officer and their observations of the driver as well as the saliva or blood test results, which are confirmed in a drug analysis certificate.  The blood test will generally report the amount of the drug in the person’s blood as well as any comments from a medical officer as to what impairment an ordinary person would have with that level of drugs in the system.

A refusal to provide a drug test will result in a charge of failing to provide a drug test. This is a serious charge and is dealt with harshly by the Courts. If you are charged with failing to provide a sample you will be dealt with as if you were under the influence.

A person who pleads guilty or is found guilty of the UIL charge is subject to the same punishment as a high range drink driver that is a minimum of 6 months disqualification of their drivers licence and no ability to apply for a work licence.

Queensland has some of the harshest penalties for drug drivers in both fines and suspension periods.   It is critical to get good advice about the charge and whether you might be able to apply for a work licence.  Information on applying for a work licence can be found on our work licence page.

Here at Clarity Law we represent drug driving charges in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the process and the Magistrates like we do.  We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice.  If you want to engage us or just need further information or advice then you can call 1300 952 255 7am – 7pm seven days a week.  Check out our drug driving charge for more information.

Disclaimer – this article contains general advice only and is not intended to be a substitute for legal advice.  We are also not health professionals and our observations on drug driving is based on our knowledge of representing hundreds of drug driving client’s overs the past 15 years and not any specific medical training.

Similar to drink driving charges which are categorised as either low, medium or high range, drug driving has different categories in which you can be charged under.

If you are charged with drug driving you will either be charged with having a relevant drug in your system or, and more seriously, driving whilst under the influence of a drug.

The drug driving tests look for traces of the following drugs being relevant in your system:

1.       THC – the active ingredient in cannabis

2.       Methylamphetamine – also known as speed and ice; and

3.       MDMA – the active ingredient in ecstasy.

Although the police can require a blood test to test for drug driving the most common way to test is through taking a sample of a person’s saliva.

If the preliminary saliva test is negative you will be free to go immediately. If a drug is detected in your saliva (positive result) you will be required to undertake a second saliva test. If the second test is again positive for drugs your driver’s license will be suspended for 24 hours. The remaining saliva sample will be sent to a laboratory and following the result you may be notified and charged with a traffic offence of drug driving. A person caught with these drugs in their system will normally be charged with driving whilst a relevant drug is in the system.

If the results of a drug driving test comes back positive it is irrelevant whether you’re driving was affected by having illicit drugs in your system. This means that for example, if you consume marijuana a couple of weeks before being tested you will still be charged with drug driving if the results are positive (marijuana can stay in your system for up to 40 days). However, saliva tests are designed only to react to the active ingredient of a drug. Therefore the period in which drugs can be detected varies depending on quality and quantity of the drug that has been ingested, the period of time since taking the drug and the frequency of use of the drug.

Driving whilst under the influence of a drug

You are likely to be charged with driving under the influence of a drug if you are pulled over by the police and appear to be under the influence of a drug eg. Red eyes, slurred speech, twitchy etc. If the Police believe you are under the influence of a dangerous drug or even a synthetic drug (for more information on this see our article about synthetic drugs) it is likely that they would search your vehicle. Quite often we have clients who are charged with possession of a dangerous drug and/or utensils and drug driving at the same time.

It is also possible to be charged with driving under the influence of a prescription drug if the police believe you have been affected to such a degree by the prescription pills that you pose a risk to other road users.

If you are charged with this offence your licence will be suspended immediately. You cannot apply for a work licence and face at least a 6 month disqualification.

Having a relevant drug in your system

If you undergo a drug driving test and it comes back positive but you appear to be sober you will be charged with having a relevant drug in your system.  This is the lesser of the two drug driving charges. When you are charged with having a relevant drug in your system your licence will be suspended for a 24 hour period.

If you are charged with having a relevant drug in your system, depending on circumstances, you are eligible to apply for a work licence.

This article is written by Steven Brough.  Steven has over 14 years experience dealing with this type of charge and appearing in Queensland Courts.  You can ring Steven on 1300 952 255 or email him at This email address is being protected from spambots. You need JavaScript enabled to view it. or visit our dedicated drug driving lawyer page.

Disclaimer:

The information provided is for informational use only, and are in no way intended to constitute legal advice or to create a lawyer-client relationship, and you should not act or rely upon any information appearing in this article without seeking the advice of a lawyer. Moreover, because the law is constantly changing, the information appearing in this article are not guaranteed to be correct, complete, or up-to-date.  Steven and Clarity law only undertake matters in Queensland.

Clarity Law's liability limited by a scheme approved under professional standards legislation.

PLEASE NOTE THIS ARTICLE IS NOW OUT OF DATE - THE 21 DAY LIMIT HAS NOW BE REMOVED

A special hardship licence is a type of licence that may be issued by a Queensland Court to persons who travel over the speed limit by more than 40kms over hour (high speed suspension) and/or exceed their points on a good driving behaviour period. There are no other circumstances in which you can apply for a special hardship licence. A special hardship licence allows you to drive during the suspension of your licence (generally 6 months).

A special hardship licence can only be used for the purposes stated by the Court; you cannot use a special hardship licence to drive to the shops, university, or unpaid work experience unless this is specified in the Order. A special hardship licence is designed to allow you to keep your job and continue to earn a living where a driver’s licence is an essential component to you earning that living or for some other specified serious reason.

Depending on which Magistrates Court your application is to be heard in depends when your application will be heard. Some Courts hear Special Hardship Application weekly, some fortnightly and some only monthly. Again, as it is a nominated Court application you may request a date for a month or two away if you need to for any reason.

When you receive a fine which breaches your good driving behaviour period you can continue to drive as normal up until mid-night before your suspension date. However you cannot drive after that time until you have filed your Application for a Special Hardship with the Court and QLD Transport. 

The suspension date is allocated by Queensland Transport. When you make payment, part payment of your fine or the debt is referred to the State Penalties Enforcement Register (SPER), Queensland Transport is then notified that you have breached your Good Driving Behaviour period and that you need to be issued a suspension date. A letter is then sent out to you, usually 2-3 weeks after you make payment, part payment or the debt is referred to SPER. The suspension date will be on the letter and will generally be a further 2-3 weeks from when you receive the letter.

If you wish to hurry the process along than make payment or a part payment as soon as you can so that Queensland Transport will become aware and issue a suspension date sooner. If you wish to put it off than do not make payment or a part payment until the day before the fine is due.

It is critical to ensure Queensland Transport has your current postal address as it is an extremely important letter. If you are unaware of your suspension date and are caught driving you will be charged with unlicensed driving.

You can file the Application for a Special Hardship Licence and supporting material on your suspension date, which ensures that you are only unable to drive on that day until you have filed your application and material. It is also good to your application if you do file the application on the suspension date in that it shows that you are unable to go for a period of time without a licence.

If you chose not to file your application for a special hardship application on the first day of the suspension you only have 21 days from the suspension date to file your application for a special hardship licence there is absolutely nothing can be done if you exceed the 21 days.

The application and material needs to be filed with the Magistrates Court closest to where you reside, where you will be issued a Court date. Then you just need to attend the corresponding Queensland Transport office to serve them with copies of your application and material. Once that is done you may continue to drive, as normal, up until midnight before your Court date. 

Having a Lawyer prepare and undertake your Special Hardship Licence Application is critical to ensure that your application is successful.

This article is written by Steven Brough one of Queensland’s most experienced traffic lawyers and contains general advice only not legal advice.  For more information on Special Hardship Applications visit the our Special Hardship Application webpage on our driving law website or call 1300 952 255 7am – 7pm seven days a week

Please see our new article on driving on a police suspension in Queensland.

Driving whilst under the influence of a drug is illegal in Queensland and this includes synthetic drugs.

What are synthetic drugs?

Synthetic drugs are designed to mimic the effects of regular drugs, alter your mind, and therefore affect your ability to drive in the same way.

There is currently a blanket ban in Queensland on the possession and/or sale of synthetic drugs or any substance that is designed to have a psychoactive effect other than alcohol.

Why can’t you drive under the influence of synthetic drugs?

Currently Queensland police are able to take swabs at the roadside of a person’s salvia to see whether illegal drugs have been consumed.  This drug test however only tests for marijuana, methamphetamines and MDMA.  It is likely that a person who consumed a synthetic drug would pass this test.

If you are drug tested and pass the Police, if they reasonably believe you are affected by drugs they are still able to order you to undergo a blood test. If you refuse you may be charged with failing to provide a specimen and drug driving. Failing to provide a specimen charge will result in a more severe penalty than a high reading.

What is the penalty?

One major issue with being charged with drug driving with a synthetic drug in your system is that you will be considered to be driving under the influence this means that;

• You face a minimum of 6 months disqualification of your licence
• You cannot apply for a work licence
• A conviction being recorded may affect your ability to easily travel to another country especially the USA and Canada.

One bizarre outcome of the legislation is that often people caught by the salvia test with MDMA, Marijuana or methamphetamines can be charged not with driving under the influence but with driving with a relevant drug in the system and if that is done a person faces a minimum of 1 month disqualification and they can apply for a work licence.

If you have a drug driving charge and need a great drug driving lawyer then please contact us for more information or visit our drug driving page for more information.

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a traffic charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of traffic law. We believe that every client deserves a clear understanding of their rights and the legal process they're navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you're informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here. 

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you.  If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost.  All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

You can click here to check out our prices

Need more information?

We have a range of articles on our traffic law blog.  Some of the most recent have included:

• Drug Driving Loopholes

• Evading the police

• Can you be charged for watching other people do a burnout?

• Why You Should Never Represent Yourself in Court for a traffic matter

• Traffic Offender Programs

• What is a Traffic Lawyer?

• What Happens After Police Have Charged Me with a Traffic Offence?

• Do you need a Traffic Lawyer?

• Negotiating with a Prosecutor in Queensland

• What is a QP9 and why is it important to your charge?

• Special Hardship Orders v Work Licences

• Disqualification vs Suspension, what is the difference in Queensland?

• Will I get a criminal conviction for a drink driving charge?

• Drink Driving Lawyers Brisbane

• Drink Driving Lawyers Gold Coast

• Drink Driving Lawyers Sunshine Coast

• Drink Driving Lawyer Ipswich

• Drink Driving Lawyer Beenleigh

• Drink Driving Lawyer Caboolture

• Drink Driving Lawyer Strathpine

• Criminal Lawyer

What our clients say about us

Defences to a charge of evading police

The charge of evading police is an extremely serious charge with the Queensland Government enacting some of the toughest legislation in the country.  The government have shown a continued desire to see people jailed for evading the police.

The question then becomes are there any defences to the charge of evading police?

First we will look at what evading police is, then the consequences and finally we will look at 5 potential defences.

What is evading police?

Section 754 of the Police Powers and Responsibilities Act 2000 (Qld) provides that to be charged with evading police (also called failure to stop) the driver of a motor vehicle must have failed stop the motor vehicle as soon as reasonably practicable after a police officer has directed them and a reasonable person would have stopped the motor vehicle in the circumstances.

Generally the offence would occur when a police officer in a police vehicle attempts to stop a driver who fails to do so within a reasonable time and thus evades police.

What is the punishment for evading police?

The law provides the penalty as:

Minimum penalty—50 penalty units or 50 days imprisonment

Maximum penalty—200 penalty units or 3 years imprisonment

This meant that the court has to impose either a fine of $7,740 (a penalty unit is currently $154.80) or a term of imprisonment or no less than 50 days. 

The law also provides a minimum drivers licence disqualification of 2 years and unfortunately the court cannot grant a work licence or hardship licence.

Evading police is also classed as a type 1 hooning charge which can have quite severe consequences.   For the first Type 1 offence, the vehicle can be impounded or immobilised for 90 days. For the second offence the vehicle can be impounded and may be confiscated at the end of any legal proceedings against you, 

I’ve received an evasion notice because my car was involved in a police chase

If the police are unable to intercept the vehicle then they may choose to serve an evasion offence notice on the registered owner of the motor vehicle.  If that occurs the owner of the motor vehicle has 14 business days to give a declaration to the police otherwise they will be deemed to be the driver of the vehicle involved in the evasion offence.

It is critical to respond to the evasion notice within the time limits and to get legal advice about that declaration.

We have a full article on what to do if you are served an evasion notice. 

Are there any defences to the charge of evading police?

Some possible defences to an evasion charge might be that;

1. the driver stopped the vehicle as soon as practical
2. a reasonable person would not have stopped the vehicle in the circumstances
3. the police officer was not in a police vehicle at the time of the direction to stop
4. someone else was driving the vehicle
5. the direction to stop was not given clearly and the driver did not realise they were directed to stop

Lets look at each of those defences in turn.

Defence 1: the driver stopped the vehicle as soon as practical

Whether the driver stopped the vehicle in time is obviously something that will be unique to each case and depends very much on the circumstances.

The courts have said that in relation to similar laws that;

“the question whether a measure is or is not reasonably practicable is one which requires no more than the making of a value judgment in light of all the facts. Nevertheless, three general propositions are to be discerned from the decided cases:

• The phrase “reasonably practicable” means something narrower than “physically possible”
• What is “reasonably practicable” is to be judged on the basis of what was known at the relevant time; and
• To determine what is “reasonably practicable” it is necessary to balance the likelihood of the risk occurring against the cost, time and trouble necessary to avert that risk”

This defence will really come down to looking at all the facts and deciding at the time of the alleged offence did the driver stop as quickly but safely as possible given the road conditions at the time.

Defence 2:  a reasonable person would not have stopped the vehicle in the circumstances

It is sufficient evidence of the commission of the offence if the evidence is that the driver, in failing to stop, took action to avoid being intercepted by a police officer.

Defence 3: the police officer was not in a police vehicle at the time of the direction to stop

This pretty obvious.  The police officer must be using a police vehicle at the time they tried to stop the other vehicle.  A police vehicle is not defined but would likely mean any vehicle owned by the Queensland police service.

Defence 4: someone else was driving the vehicle

Again this is pretty obvious if someone else was the driver then this would be a defence.  It is critical to note that where the police have not been able to identify the driver they will serve an evasion notice on the owner of the vehicle.  This requires the owner within 14 days to provide a statutory declaration that names the driver or if they claim not to know who the driver then the declaration must cover all of the following:

• where the owner was when the evasion offence occurred
• the usual location of the vehicle when it is not being used
• the name and address of each person (a potential driver) known by the owner to have access to drive the vehicle when evasion offence occurred
• the way each potential driver has access to drive the vehicle Example—A potential driver possesses a key for the vehicle and has access to where the vehicle is kept
• how frequently each potential driver normally uses the vehicle and for how long each potential driver normally uses the vehicle
• whether each potential driver uses the vehicle in connection with a business or for private use
• whether the vehicle was reported as stolen, or otherwise being used without consent, when the evasion offence happened
• the nature of the inquiries made by the owner to find out who was driving the vehicle when the evasion offence happened

If they don’t provide this information the owner can be declared the driver and subject to prosecution.

We have a full article on what to do if you are served an evasion notice.

Defence 5: the direction to stop was not given clearly and the driver did not realise they were directed to stop

The law sets out how the police must give a direction to stop.  The law states that to give a direction the following must occur:

• the police officer is in or on a Queensland police service motor vehicle that is being used to attempt to intercept the motor vehicle the driver is driving; and
• the driver of the police service motor vehicle brings that motor vehicle to a position in relation to the other motor vehicle where the driver or another police officer in or on the police service motor vehicle can give the driver of the other motor vehicle a direction to stop the other motor vehicle; and
• the police officer signals to the driver of the other motor vehicle to stop the motor vehicle—
  • by giving a physical or audible signal; or
  • by displaying a warning light or warning lights and sounding an alarm.

A warning light is defined as:

• flashing blue and red lights;
• a flashing blue light;
• another flashing light, including alternately flashing headlights and alternately flashing tail-lights.

It is immaterial that the driver had a mistaken belief that the motor vehicle from which the police officer was giving the direction was an emergency vehicle unless the driver proves, on the balance of probabilities, that a reasonable person in the circumstances would have believed the motor vehicle was an emergency vehicle.

An emergency vehicle is listed as any of the following:

• the Queensland Ambulance Service
• an ambulance service of another State
• the Queensland Fire and Emergency Service
• fire brigade or service of another State.

This is very complicated area of law and you will need legal advice to determine if you have any defences to an evasion charge.

Summary of evading police offence and potential defences

1. Definition of Evading Police

• Failure to stop a motor vehicle promptly after a police officer has directed them.

• Occurs when a driver fails to stop within a reasonable time, evading police.

2. Penalties for Evading Police

• Minimum: 50 penalty units or 50 days imprisonment.

• Minimum 2-year driver's license disqualification; no work or hardship license available.

• Classified as a Type 1 hooning charge with additional consequences for repeat offenses.

3. Evasion Notice for Vehicle Owners

• If police can't intercept the vehicle, they may serve an evasion notice on the registered owner.

• Owner must respond within 14 business days, providing a declaration about the driver's identity.

4. Potential Defences:

• Defence 1: Driver Stopped Promptly

• Depends on unique circumstances of each case.

• Courts consider if the driver stopped as quickly and safely as possible given road conditions at the time.

• Defence 2: Reasonable Person Wouldn't Have Stopped

• Sufficient evidence to prove charge if the driver took action to avoid interception by a police officer.

• Defence 3: Officer Not in Police Vehicle

• Police officer must be in or near a police vehicle at the time of the direction to stop.

• Defence 4: Someone Else Was Driving

• Clear defence if someone else was the driver.

• If the driver can't be identified, an evasion notice may be served on the owner.

• Defence 5: Unclear Direction to Stop

• Specifies how police must give a direction to stop.

• Driver's belief about the police vehicle being an emergency vehicle is immaterial, unless proven reasonable.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you with information on failure to stop charges and any defences.  If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost.  All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Need more information?

We have a range of articles on our traffic law blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths
• The Essential Guide to Obtaining a Work Licence
• How Drink Driving Matters are Heard in Queensland
• What happens after your drivers licence is disqualified?
• Refusing a Breathalyser Test in Queensland
• Can you commit a drink driving offence in your driveway?
• High Range DUI
• Going through a drink driving charge in Brisbane Magistrate Court
• DUI Charges
• Ultimate Guide to High Range Drink Driving
• Can you beat a DUI?
• Work Licence Affidavits
• Drink Driving Lawyers Brisbane
• Drink Driving Lawyers Gold Coast
• Drink Driving Lawyers Sunshine Coast
• Drink Driving Lawyer Ipswich
• Drink Driving Lawyer Beenleigh
• Drink Driving Lawyer Caboolture
• Drink Driving Lawyer Strathpine
• Criminal Lawyer
• Evading the police
• Can you be charged for watching other people do a burnout?
• Why You Should Never Represent Yourself in Court for a traffic matter
• Traffic Offender Programs
• What is a Traffic Lawyer?
• What Happens After Police Have Charged Me with a Traffic Offence?
• Do you need a Traffic Lawyer?
• Negotiating with a Prosecutor in Queensland
• What is a QP9 and why is it important to your charge?
• Disqualification vs Suspension, what is the difference in Queensland?
• Will I get a criminal conviction for a drink driving charge?

What our clients say about us