Have you been charged with a traffic offence? With 20 years experience in Traffic law and dealing with courts/the police, David has the knowledge to get you the best outcome & save your licence.
What constitutes a traffic offence?
- Exceeding the speed limit or "speeding".
- Unlicensed driver.
- Unregistered vehicle.
- Disobeying the road rules.
- Driving without due care.
- Dangerous driving also called "dangerous operation of a motor vehicle".
- Driving under the influence of drugs or alcohol.
Why Should I Engage A Traffic Lawyer?
An experienced traffic lawyer will help you understanding your case and what options you have. This includes understanding the charges and advising you how you should plea. They will also help you prepare for your hearing to achieve the most favourable outcome.
The benefits of engaging an experienced traffic lawyer can also include:
- Reduction in the fine which you have to pay.
- Reduction in the length of a license suspension.
- Negotiating a work license.
- Reduction of a prison sentence length or completely avoiding being imprisoned.
Ineligible applicants are those charged whilst:
- holding a non-Queensland driver licence
- driving a motor vehicle under a Queensland learner, provisional or probationary licence or not the holder of a licence
- driving a vehicle under a Queensland restricted licence issued under a Court Order; or
- engaged in an activity directly connected with their means of earning a living
- driving a motor vehicle that they were not authorised to drive under an open licence
- already the holder of a restricted licence
- over the no alcohol limit that applies to the driver of the motor vehicle they were driving
- the concentration of alcohol in their blood or breath was equal to or more than 0.15%.
- within the last 5 years before making the application whilst:
- convicted in Queensland of a drink driving offence
- previously convicted outside Queensland of a drink driving offence which, if it had been committed in Queensland, would have been an offence
- convicted of operating a motor vehicle dangerously
- their Queensland driver licence had been cancelled, suspended or they were disqualified from holding or obtaining a Queensland driver licence.
The restricted licence application must be made immediately after they have been found guilty and before the Magistrate disqualifies them from holding or obtaining a driver licence.
The Court will only grant a restricted licence if they are satisfied that:
- the applicant is a fit and proper person to continue to drive, having regard to the safety of other road users and the public generally
- the refusal to grant the order would cause financial hardship to the applicant or their family by depriving them of their means of earning a livelihood.
There are additional requirements relating to where the Application needs to be filed, when and upon whom it must be served and what must accompany the Application to satisfy the statutory requirements. Failure to attend to such requirements may exclude a Magistrate from hearing the Application.