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…

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…

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…

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…

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…

If you need to apply for a work licence will you need to install an interlock? and what happens if you need a work licence but cannot install an interlock? What is a work licence? In Queensland, a work licence allows you to drive for work purposes even if you’ve been charged with an offence of drink driving or drug driving. This licence may be requested if your job requires regular driving, or if it’s a necessary condition of your employment, and not having a licence risks your job, potentially leading to financial hardships. Eligibility for a work licence is…

What happens if you believe you are forced to do an illegal act in Queensland due to a sudden emergency arising ? Is there a defence to this extraordinary emergency and what would happen in court if you are charged? What is the defence of sudden or emergency driving? Section 25 of the Criminal Code (QLD) provides that; Extraordinary emergencies 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…