If your licence is disqualified by a Queensland Court for a period in excess of 2 years or is disqualified absolutely you are able to apply for your licence to be reinstated after you have served a minimum of 2 years of the disqualification period. Under no circumstances can you apply for your licence to be reinstated before you have served at least 2 years of that disqualification.
The application is made by applying to the Court closest to where you currently reside for them to reinstate your licence. If your disqualification was in the Magistrates Court then the application will be heard in a Magistrates Court. However, if you disqualification was decided by a District or Supreme Court your application must be heard there.
In order to apply you need to provide the court with extensive affidavit evidence showing clearly why your licence should be returned to you. Generally the affidavit needs to address how the lack of licence affects you financially and how it affects your family. The affidavit would also need to address your behaviour after your licence was disqualified and the circumstances of the original offence. The Affidavit will detail all the ways in which you being unable to drive is having a detrimental effect on you, your income and/or working ability, and, if applicable, your family and those around you.
It is critical to prove to the Court that:
- You have changed and realise the importance of your licence;
- That you can be trusted with a drivers licence;
- That you will not reoffend, should your licence be reinstated.
The licence reinstatement application and supporting documentation is then filed with the Prosecution and the relevant Court. All licence reinstatement applications must be filed at least 28 days before your application can be heard in Court. The prosecutor will look into your application and quite often approach your neighbours to enquire if they have witnessed you driving etc. It is also essential that you attend a driving course or workshop like QTOP as that adds great strength to the application. Your traffic history and criminal history is also filed in support of the licence reinstatement application. It is obviously extremely beneficial if you have not received any charges, in any form, since your licence was disqualified.
Often, Courts can be reluctant to grant a licence reinstatement, however, we have a 100% success rate. To ensure you have the best chance of being successful with your licence reinstatement application it is critical that you engage a Lawyer to prepare the affidavit material and appear in Court with you to argue the application before the Court. The most important reason why you should not attempt to represent yourself for a licence reinstatement application is due to the fact that should the Court not grant your application you cannot re-apply to have your licence reinstated for another 12 months
If you have been disqualified from holding or obtaining a driver licence outside Queensland, then you need to contact the Court you were disqualified in to apply to have your disqualification removed. You cannot have it removed by a Queensland court.
We are happy to discuss, free of charge, the likeliness of your licence reinstatement application being successful.
Here at Clarity Law we regularly undertake Licence Reinstatement Application, 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 one of the most competitive prices for Licence Reinstatement Applications in Queensland.
If you want to engage us or just need further information or advice then you can either;
- Use our contact form and we will contact you by email or phone at a time that suits you
- Call us on 1300 952 255 seven days a week, 7am to 7pm
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
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