If you hold a P1 or P2 licence in Queensland and are facing a licence suspension or disqualification, you may be asking: Can I get a work licence so I can keep my job? In short: A P plater generally cannot get a restricted work licence after drink driving or drug driving in Queensland, because provisional drivers are subject to a zero alcohol limit and section 87 excludes them. A P1 or P2 driver may be able to get a special hardship order instead, but only after a good driving behaviour breach or a high-speed suspension. People often call both…

Dangerous Operation of a Motor Vehicle Causing Death or Grievous Bodily Harm in Queensland In Queensland, dangerous driving causing death or grievous bodily harm (GBH) is charged as dangerous operation of a motor vehicle under section 328A of the Criminal Code. It carries a maximum of 14 years imprisonment, or 20 years where a circumstance of aggravation applies. The prosecution must prove both that the vehicle was operated dangerously and that the dangerous operation caused the death or injury. A charge arising from a fatal or very serious road accident is different from an ordinary traffic matter. There has been…

Refusing a Breath Test in Queensland Refusing a breath test in Queensland is a separate criminal offence. Depending on which test police were requiring, it can carry the same penalty and licence disqualification as high range drink driving, and a work licence may not be available. If police ask you to provide a breath sample in Queensland and you refuse, deliberately fail to provide enough breath, or do not follow the directions needed to complete the test, you can be charged with a separate offence. That offence can be serious. In some cases, refusing to provide a specimen can expose…

You're a tradie. You rely on your licence every single day — to get to job sites, pick up materials from Bunnings or the supplier, tow a trailer, drive a work ute between jobs. Then one morning you get pulled over on the way to a job and blow over the limit from the night before. Suddenly your entire livelihood is on the line. This is one of the most common situations we see at our firm. Tradespeople across Queensland — sparkies, chippies, plumbers, concreters, painters, fencing contractors, landscapers — make up a significant portion of our drink driving clients.…

Understanding drink driving charges in the Children's Court in Queensland can be daunting for parents and children alike. This guide will shed light on the legal framework, steps to take after a charge, and how to best support your child through this challenging time. An Introduction to Drink Driving Charges Being charged with drink driving is a serious matter, especially for minors. In Queensland, the Children's Court handles cases involving individuals under 18. It's crucial to understand the implications of these charges and the potential impact on your child's future. Drink driving charges can lead to significant consequences, including licence…

Drink-driving charges must be dealt with in the Magistrates Court. If you are charged with a drink-driving offence, you will get a Notice to Appear (which lists the charge and the date you must attend court). You also receive a certificate stating either the concentration of alcohol detected in your blood or saliva, or what drug(s) was found in your system. Lastly, you will receive a notice from police advising you that your drivers licence is suspended: either for 24 hours or until your matter is finalised at court. Below, we discuss the consequences of being charged with, and being…

Navigating the legal landscape after a drink driving charge can be daunting, with the consequences in Queensland being particularly severe. As a law firm dedicated to providing expert legal advice and support, Clarity Law is here to offer a comprehensive guide on what you need to know about imprisonment for drink driving in Queensland. While imprisonment for drink driving is rare there are circumstances when the court might impose a prison sentence. Understanding Drink Driving Laws in Queensland In Queensland, drink driving offences are treated with utmost seriousness due to their potential impact on road safety. The penalties can range…