Clarity Law - drivinglaw.com.au

South East Queensland's most experienced traffic law firm

Driving Offences

A driving offence and the threat of losing your licence can have a devastating impact on your life.  It is critical that whatever the driving charge that you get the best legal representation.  We get calls every week from people who have been to court without a lawyer and received a punishment much more severe than they thought it would be, at that point there is not much we can do to help.  None of our clients have ever regretted getting good legal advice and representation.  Remember we are experts on traffic law in Queensland.

 

Drink Driving 

Drink driving in Queensland is a serious offence and there is a no tolerance attitude by the courts, if you are ‘over the limit’ you will be charged and you must receive some period of disqualification

It may be possible for you to apply for a work licence but this must be done at the time you appear in the court to plead guilty, it cannot be done afterwards.  Please see our section on work licences for further information.

Well thought out submissions and arguments before a Magistrate can in our experience significantly reduce the length of your disqualification.  There are a number of factors that can lead a magistrate to impose the lowest penalty possible, we know them all.   Visit our drink driving page for more information.

 

Drug Driving

Drug driving is becoming more common on Queensland roads. 

There are two possible drug driving charges in Queensland either;

  • driving whilst a relevant drug is in the system; or
  • driving under the influence of a drug (“DUI”)

In essence driving with a relevant drug in the system is similar to low range drink driving while driving under the influence of a drug is similar to high range drink driving.

The punishments are similar to drink driving offences and it may be possible to apply for work licence.  For more information visit our drug driving page.

 

Careless Driving

Careless driving is also known as driving without due care and attention.   The charge is less serious than dangerous driving but can still carry an extensive disqualification period.  Typically the Police issue careless driving charges for traffic accidents where they feel the driver is at fault.  The Police must be satisfied that you drove without due care and attention or without reasonable consideration for other road users.  You can be charged with careless driving even if on private property.  The court has the ability to impose a disqualification period if the circumstances warrant.  The disqualification can range from 1 month to an absolute disqualification.  Visit our careless driving page for more information.

 

Disqualified Driving

Disqualified driving is an extremely serious charge in Queensland.  The Courts are particularly hard on these types of offences as to be charged with disqualified driving you must have been disqualified by a court but still chosen to drive.  Magistrates often feel a personal affront that you have disobeyed their orders.

The charge is different to unlicensed driving or driving without a licence as there must be a previous disqualification by the courts still in place at the time the offence was committed.

Jail is often imposed by the courts for disqualified driving, even on rare occasions for first time offenders.  It is vital to try and convince a Magistrate that jail is inappropriate and that a more appropriate penalty is community service or probation.  The court will also impose a further disqualification of your licence, from 2 up to 5 further years.  Visit our disqualified driving page for more information.

 

Unlicensed Driving

People are charged with unlicensed driving because at the time of their licence status was checked by the police they were not licenced to drive on Queensland roads.

The typical types of unlicensed driving charges include;

  1. Unlicensed driving– applies generally where people have forgotten to renew their licence
  2. Unlicensed driving (SPER suspended) – applies to people who have a debt with the State Penalties Enforcement Registry (SPER) that they haven’t paid and SPER has suspended their licence
  3. Unlicensed driving (demerit point suspended) – applies to people whose licence has been suspended for too many demerit points.  Generally Queensland Transport would have written to a person who exceeded their demerit points and that person has elected a 3 month suspension or failed to elect a good driving behaviour period and their licence was automatically suspended for 3 months.
  4. Unlicensed driving (disqualified by court order) – applies to people whose licence has been disqualified by a court.  This is a very serious charge, for more information visit our disqualified driving webpage

Visit our unlicensed driving page for more information.

 

Evading Police

The charge of evading police, also known as failing to stop is an extremely serious charge with the Queensland Government enacting some of the toughest legislation in the country.  The government have shown a continued desire to see people jailed for evading the police.

Visit our evading police page for more information.

 

Dangerous Driving

Dangerous driving is one of the most serious traffic offences in Queensland.   Dangerous driving, depending on the circumstances of the offence can be either a traffic offence or a criminal offence.   The penalty for dangerous driving can be up to 5 years imprisonment and a fine of up to $4,000.00 depending on a number of factors including whether the driver consumed alcohol or was speeding.

If a person is injured or killed as a result of an accident it is possible to be charged with Dangerous Driving causing injury or death.   If any of the following aggravating circumstances exist then the maximum penalty is 14 years in prison:

  • at the time the person was adversely affected by alcohol or drugs; or
  • at the time the person was excessively speeding or taking part in an unlawful race; or
  • the person has previously been convicted for dangerous driving

It is critical to get legal advice if you are charged with dangerous driving as prison is a real possibility for this offence or at the very least a large fine and a long disqualification period.   A person should never appear unrepresented on a charge of dangerous driving as the legal issues are simply too complex.  Visit our dangerous driving page for more information.

 

Special Hardship Licence

Where you have exceed 2 or more demerit points in a good driving behaviour period or exceed the speed limit by more than 40 km/h (high speed offence) it might be possible to apply for a special hardship licence to continue to drive for certain work and personal reasons. Visit our special hardship licence page for more information.  There are very strict rules regarding who can apply for a special hardship licence.

 

How do I get more help or engage you to act for me? 

We have been operating since 2010 and undertaken thousands of cases throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. email This email address is being protected from spambots. You need JavaScript enabled to view it.
  4. Visit our main website page