Clarity Law - drivinglaw.com.au

South East Queensland's most experienced traffic law firm

removal of disqualification

  • Removal of Licence Disqualification

    If your Queensland driver’s licence has been disqualified for more than 2 years or absolutely then after 2 years you have an opportunity to apply to the court for your disqualification to be removed and for your driver’s licence to be reinstated.  

    We have an excellent article on licence reinstatement on our blog that provides the latest information.

     

     

     

    Can I apply for licence reinstatement if I have multiple disqualifications?

    Yes, in Queensland if you commit a drink driving offence and another offence that attracts a disqualification then the disqualification will run cumulatively.  For example if you were charged with drink driving and dangerous driving and received a disqualification of 1 year for the drink driving charge and 2 years for the dangerous driving charge then you will not be able to get your licence back for 3 years as the disqualification periods run one after the other i.e. cumulatively.  In that case you could apply to get your licence reinstated after 2 years.

     

    What law covers the licence reinstatement?

    Section 131 of the Transport Operations (Road Use Management) Act 1995is the law that covers the application for a licence reinstatement.

     

    The process

    The licence reinstatement application must be made:

    • to the magistrates Court in the area you live if the disqualification order was made by a magistrates Court;
    • if you are now living outside Queensland, to the magistrates Court in Brisbane; or
    • to the supreme or district Court if the disqualification order was made by a Judge of the supreme or district Court.

    The licence reinstatement application and supporting documentation need to be 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. 

     

    What material does the court need?

    In order to apply for a licence reinstatement the court will need extensive affidavit evidence showing clearly why your licence should be returned.  Generally the affidavit would have 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 courts must see that you have changed your attitude towards driving.  We have a range of courses we can organise for you to attend that will help in your application.

     

    What things does the court consider when assessing the application

    • When deciding if the disqualification should be removed the court will generally look the following factors
    • What efforts you have made to improve your life and understand your offending
    • If you have committed any other offences since your disqualification
    • How getting your licence back could improve your work and/or personal life
    • Whether you have completed a course like QTOP
    • What was the circumstance of the offence was that led to your disqualification

     

    If I am refused can I reapply for my licence to be reinstated?

    You are only entitled to make one application per year and therefore great care must be taken in the application otherwise if the application is refused you will not able to apply again for 12 months.

     

    I’ve been disqualified for 12 months, can I apply early for a licence reinstatement?

    No, you can only apply after the disqualification has run for at least 2 years.

     

    What do you charge?

    We charge a flat upfront fee for our services which means no hidden charges or unexpected bills.  We don't charge any travelling fees either; if you are in Maroochydore or Southport you will pay the same price as if you are Brisbane.

    We are also upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you.  Clarity Law on the other hand are happy to list our prices as we are sure no other South East Queensland law firm can match our prices and experience. Our prices include;

    • full preparation for court including devising strategy to be successful in the application
    • negotiations with the prosecution unit
    • drafting affidavits for the court
    • arranging for you to attend a driving course
    • all telephone calls, faxes emails and meetings with you
    • detailed information to you on what will happen at court and afterwards
    • appearing in the court with you to conduct the application

    To see what we will charge for a licence reinstatement application  click here

     

    If I contacted you what would occur?

    If you contact us then Steven Brough the firms founder or our office manager Belinda Smyth will take the call or receive the email. They have 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

    If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about a licence reinstatement. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Everyone of our lawyers are very experienced with thousands of courts appearances between them.

     

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

    We have been operating since 2010 and undertaken licence reinstatement applications 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

    We cover all courts in South East Queensland from the Gold Coast to Brisbane and the Sunshine Coast and out to Toowoomba.  We have 6 offices in South East Queensland to assist people.  We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about a licence reinstatement application. You won’t be chased or hounded to engage us.

     

    Need more information?

    We have a range of articles on dangerous driving on our blog.  Some of the most recent have included:

    This article general information only and not legal advice and is written subject to our disclaimer that can be read by clicking here

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