Clarity Law

Specialist Traffic Law Firm Queensland
Legal Blog
Friday, 22 December 2023 12:10

Christmas Closure

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We will be closed for the Christmas break from 12pm on 22 December until 8:30am on 8 January 2024. Over the Christmas break you can leave a telephone message and from 2 January, until we reopen, we will be checking the messages and responding once per day. We do have availability to represent clients for matters in January. Alternatively if you would like to book a free telephone conference for when we fully reopen on 8 January you can click this link We'd like to thank everyone who supported the firm this year and wish everyone a safe and…
Wednesday, 20 December 2023 17:06

Varying a Special Hardship Order

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Given a special hardship order will last at least 6 months then there will be times when circumstances change and the hardship order needs to be modified. The question then is can you vary or change a special hardship licence? The basics A special hardship licence or special hardship order is a licence issued when you exceed 2 demerit points on a good driving behaviour period or have exceeded the speed limit by more than 40 km/h (high speed suspension). It is also known as a hardship licence, SHO, demerit point licence, good driving behaviour licence or special hardship order.…
Tuesday, 19 December 2023 13:56

What to do if you receive a notice to choose?

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Drivers in Queensland who exceed their demerit point limit will be sent a notice to choose. It is critical that you understand the consequence of the choices set down in that notice to choose. Demerit Points: The Basics In Queensland, accumulating demerit points is not about losing points but rather starting with zero and adding points for specific traffic offenses. The demerit point system aims to promote responsible driving behaviour and ensure road safety. What is a Notice to Choose? If you accrue 12 or more demerit points within a three-year period on your Queensland open licence, or 4 or…
Last modified on Wednesday, 20 December 2023 18:39
Drink driving and drug driving charges in Queensland require an attendance in court and aren’t just matters that can be resolved through the issue of a ticket. Clients often ask us will I get any demerit points for a drink or drug driving charge? Demerit points in Queensland The law specifies that certain traffic offences automatically attract demerit points. For example it is well known that speeding infringements along with a fine will attract demerit points. Less well known are certain offences that can be dealt with in court, for example careless driving, also attract demerit points. See the demerit…
Sunday, 17 December 2023 17:01

Drinking after driving but before a breath test

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Drink Driving offences are offences of strict liability - effectively, if a person was suspected of driving/being in charge of or attempting to put a vehicle into motion and that person had a BAC greater than their allowed limit (See our full article on Drink Driving). Then that person is guilty of a Drink Driving offence. The Police have 3 hours from the time the defendant was suspected of driving to give them a breath or blood test. There is, rarely a scenario which occurs where a person comes to the attention of police, they return home and consume a…
Monday, 11 December 2023 14:29

Racing a vehicle on a road

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Queensland law makes it illegal to take part or promote a race or speed trial between vehicles without a permit. While certainly a fast and furious style street race would be illegal in Queensland so would less organised types of racing say like 2 cars accelerating on a green light to see who has the fastest car. The law Section 85 of the Transport Operations (Road use Management) Act 1995 makes it an offence to take part in a race or speed trial on a road in Queensland. How can the offence come about? Examples of the charge of racing…
Last modified on Wednesday, 13 December 2023 18:49
Most people would be aware that certain drink driving charges allow you to apply for a work licence to keep driving for work purposes. The question is, can a person charged with drug driving also apply for a work licence? What are the conditions to be able to apply for a work licence To apply for a work licence you must satisfy the following conditions: at the time of the offence, you held a current Queensland open driver licence at the time of the offence, you were not driving for your job (there are some exceptions) in the last five…