Myth 1 – Dangerous Driving is a traffic offence The most common misconception about dangerous driving is that it is a traffic offence and is therefore not as serious as other types of charges. This is incorrect. Dangerous driving is one of the most serious traffic offences in Queensland as it is also a criminal offence. Dangerous Driving is a very broad charge and is defined under Section 328A of the Criminal Code 1899 as “a person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place”. There are several factors that can…

As a traffic lawyer in Queensland, I often encounter cases involving individuals who find themselves in a precarious situation after being involved in a car accident. When someone is injured, it is imperative to understand the legal obligations outlined in Section 92 of the Transport Operations (Road Use Management) Act Qld this is the section that covers the charge of failing to remain at the scene of an accident. This article will shed light on the intricacies of this offence and provide guidance on how to proceed if you find yourself charged with leaving the scene of an accident where…

People often ask whether they have to lose their driver's licence if they are charged with drink or drug driving in Queensland? In this short guide we will talk about licence disqualifications for drug and drink driving offences and what alternatives there are to maintaining the ability to drive during any disqualification. The law in Queensland In Queensland unlike other Australian states there is mandatory periods of disqualification for all drink and drug driving offences. It does not matter what a person's circumstances are, their driving history or any other factors, if they are charged with drink or drug driving…

If you have been found guilty of a traffic offence such as careless driving, evading police, unlicenced driving etc, or sentenced to a traffic offence and you do not agree with the decision of the Magistrate, you have the right to make an appeal to the District Court. However, the rules, timeframes, and procedures of appeals are complex and often difficult to navigate. In this article, we describe the process of appeal in simple terms to give you an idea about what to expect if you are thinking about making an appeal. For the purposes of simplicity, we discuss appeals…

Driving under a police suspension are very serious charges in Queensland. The Courts take a very dim view of the offences and the consequences of driving while suspended by police are severe. When a person is pulled over for a roadside random breath test, they return a positive reading of alcohol or an indication that drugs are present in their saliva. That person will then be (usually) transported to a local police station for a further test and if positive, charged and typically released with a Notice to Appear. Among the paperwork the person is given, will be a form…

Good Driving Behaviour Period As part of the process of encouraging drivers in Queensland to drive in safe manner the Queensland government limits a driver from incurring more than 12 demerit points within 3 years (4 for provisional licence holders). If a driver exceeds their demerit point limit then they will be given a choice in a letter from TMR called a notice to choose – take a suspension for a certain amount of time (usually 3 months) or go on a good driving behaviour period. In this article we will look closely at what a good driving behaviour period…

In Australia, the rules governing driver licensing and disqualifications are not only regulated by individual states but also by national bodies like the National Transport Commission (NTC). The NTC, established to develop uniform regulations for road transport, plays a crucial role in ensuring consistency and coherence in traffic laws across the country. Licence disqualifications across Australia One of the critical aspects regulated by the NTC is licence disqualifications. This article aims to provide a comprehensive understanding of how licence disqualifications imposed in one state apply throughout Australia, with specific reference to the NTC's 2006 regulations. The National Transport Commission (NTC)…