If you have been charged with a drink driving offence, then you may be eligible to apply for a work licence. The criteria for applying for a work licence is very strict and therefore you should speak with an experienced traffic lawyer to discuss whether you can apply or not.
No. If your work licence application is unsuccessful then you do not get another chance to apply again. It is therefore very important that you do not make any mistakes and that you are fully prepared. For this reason, we always recommend that people wanting to apply for a work licence use an experienced traffic lawyer for the best chance of a successful application.
Maybe. It depends on the type of licence you hold, how many demerit points you have already accumulated and of course the speed you were going when you committed the speeding offence. If you hold an eligible Queensland licence and your speeding offence causes you to accumulate too many demerit points, you may be able to elect to go on a good driving behaviour period. This period lasts for one year and you can only accumulate one demerit point for the whole year. If you accumulate two or more demerit points during this period, your licence will be suspended for twice the suspension period that would have applied if you had not elected for the good driving behaviour period. However if you are caught driving 40km/hr or more over the speed limit, your licence will automatically be suspended. You will not be offered the option of a good driving behaviour period, but you may be able to apply for a special hardship order which will allow you to continue driving for certain purposes.
At the end of your special hardship order period, your suspension period ends. However before you can start driving again, you will need to go to Queensland Transport to apply for the same licence you held before the special hardship order period started.
There are several types of speed detection devices used in Queensland. They are:
In Queensland, the alcohol limit that applies to drivers depends on what type of driver’s licence they hold. Generally speaking, the following legal alcohol limits apply:
A person can apply for a special hardship order if:
1. They have accumulated too many demerit points while on a good driving behaviour period; and/or
2.They have committed a speeding offence of over 40km/hr.
Other criteria apply, including the requirement that your driver’s licence must not have been suspended or disqualified within the previous 5 years. You also need to suffer some form of hardship if your application is refused.
Yes. You can also be charged with drink driving skateboards, scooters and other non-motorised vehicles.
Yes, but you will need to wait at least another year before you can apply again. It is therefore very important that you do not make any mistakes and that you are fully prepared. For this reason, we always recommend that applicants use an experienced traffic lawyer to ensure the best chance of a successful application.
The number of demerit points you will accumulate will depend on how much over the speed limit you were driving. The following list shows how many points will be accumulated for each speeding offence.
Yes. You can be charged with the offence of being in charge of a vehicle. This offence can arise if, for example, you were found by the police asleep in the driver’s seat with the key in the ignition. A conviction for an offence of being in charge while under the influence can have the same outcome as if you were actually drink driving
Not in all cases. A finding of guilt can have a significant impact on your future, including your ability to get a job or to travel overseas. The Judge or Magistrate has the discretion whether to record a conviction or not. This means that if appropriate and convincing submissions are made to the Court, a conviction might not be recorded.
If a person has been arrested and charged he or she may be released on “bail” which releases them from custody until the next court date. Bail conditions can be imposed on a person, such as a requirement that the person lives at a particular address. Bail is not automatically granted and often an application will need to be made to the Court for an order permitting a person to be released on bail.
You will be required to accompany the police to either a police station or a watch-house. You will be processed and either taken to court or released on bail.
The answer is never as simple and clear cut as it may first appear. Is the offence for which you are charged the most appropriate offence? are any diversionary programs available? ; have the prosecution enough evidence to justify the charge? Before you decide how you want to plead get legal advice.
If the police suspect that you have broken the law, they can ask you for your name and address to identify you. If the Police wish to question you further whatever you do say can be used against you. Ask to speak with your lawyer first or arrange for your lawyer to be present with you during the questioning.
Yes, but they do not have an automatic right to do so. They can only search you if:
Contact a lawyer immediately. It is crucial that your rights are always being protected.
At the end of your work licence period, you are may be eligible to have your full licence granted. Before you can begin driving again, you will need to go to Queensland Transport and apply for a licence. Once you have been given a new licence by Queensland Transport, you can continue driving.
The most common restriction that applies to work licences is that a person can only drive for work purposes and between the hours permitted. This means that you can only drive for purposes directly connected to your employment and only within the hours that the Magistrate allowed. Other restrictions that can apply include whether passengers will be allowed and the type of vehicle a person can drive while on a work licence.
No. If your special hardship order application is unsuccessful then you do not get another chance to apply again. It is therefore very important that you do not make any mistakes and that you are fully prepared. For this reason, we always recommend that applicants use an experienced traffic lawyer.
If the Court grants your application for a special hardship order, it can impose certain restrictions on your licence. These restrictions can include the type of vehicle you are allowed to drive while on a special hardship licence, the hours in which you can drive and the purposes for which you can drive while on the licence. If you breach any of these restrictions, you can be fined and your licence can be disqualified.
Unless you are successful with an application for a work licence, Yes. In Queensland, there is a minimum licence disqualification of one month that is imposed for drink driving offences. However if you have been charged with a drink driving offence and your alcohol reading is less than 0.15%, you may be able to apply for a restricted work licence which will allow you to continue driving for work purposes.
No. Although cruise control can help you to maintain a constant speed on a flat road, however if you are going downhill, it will not slow you down to match the speed limit. Many people unfortunately get caught out by this and you should always make sure that you are monitoring your vehicle’s speed, even if you are using cruise control.
If your Queensland driver’s licence has been disqualified for more than two years, and at least two years have passed since you were disqualified, then you should be eligible to apply to have the remainder of the licence disqualification removed. When considering whether to grant your application, the Court will consider a number of factors such as: whether you have been charged with any driving or criminal offences since your licence was disqualified; the reason you want your licence disqualification removed; and what you have been doing in the years since your licence was disqualified.
Yes. The law states that you can be convicted of drink driving horses and other animals.
No. If you do not provide a sample of breath for testing as requested, you can be charged with failing to provide a sample of breath. This offence is treated in the same way as if you were driving with a blood alcohol concentration of 0.15% or above which results in a six month licence disqualification as a minimum. You can be convicted of this offence even if you had not consumed any alcohol before driving. A defence may be available if, for example, you are medically unable to provide the sample of breath as required, however you will need to provide evidence of this.
Yes, provided that you have not yet paid the fine. If you want to dispute a speeding fine, you will need to elect within the specified timeframe to have your matter heard in court. You will then need to attend court on the required date where you will inform the Magistrate that you want to plead not guilty to the offence. Your matter will then be listed for a summary trial. Before you dispute a speeding fine through the courts, we recommend that you get the advice of an experienced traffic lawyer.
Yes. Even if your licence was disqualified absolutely by a Court, you can still make an application to have the disqualification removed.
If you intend to plead guilty, you may be able to have your matter heard and finalised on the first appearance. If your matter is serious or if you want to plead not guilty, your matter will be adjourned to a later date.
A breach of bail conditions can be a very serious offence. If you do not comply with your bail conditions, your bail can be revoked and you can also be charged with breach of bail, arrested and brought back before the court.
If a person is “arrested”, it means that the police have taken that person into police custody.
Yes. For peace of mind that all of your options have been considered.
Yes. Matters involving an offender under the age of 17 will be heard in the Childrens’ Court which has its own particular rules and procedures. Offenders aged 17 years old are dealt with as adult offenders.
If you know that a warrant is in existence in your name you should do is speak to a lawyer as soon as you can. They will guide you through the process and will represent you when you actually go to court.