What constitutes a traffic offence?
- Exceeding the speed limit or "speeding".
- Unlicensed driving charges
- Disqualified driving charges
- Driving an unregistered vehicle
- Disobeying the road rules
- Infringement notices and the accumulation of demerit points
- Driving without due care, such as careless driving
- Dangerous driving offences also called "dangerous operation of a motor vehicle", which includes excessive speeding offences, hooning, street racing or driving intoxicated.
- Driving under the influence: drug driving or drink driving.
- Failure to stop.
Why should I engage a Traffic Lawyer?
Traffic charges are serious and can bring with them severe penalties. Depending on the nature of the charge and the offender's traffic history, penalties for traffic offences can range anywhere from fines, demerit points, loss of licence, probation orders or even imprisonment.
- Reduction in the fine which you have to pay.
- Reduction in the length of a licence suspension.
- Negotiating a work licence or special hardship licence.
- Reduction of a prison sentence length or completely avoiding being imprisoned.
- Applying for a special hardship order, S87 restricted licence or work licence, SPER (State Penalties and Enforcement Registry).
An experienced traffic lawyer will help you understand your case and what options you have. This includes understanding your traffic charges and advising how you should plead. They will also help you prepare for your hearing to achieve the most favourable outcome.
Restricted licence applications / Special hardship order
Those convicted of a drink or drug driving offence in Queensland can apply to the court for a restricted licence, which is commonly referred to as a work licence, however they are only available to eligible persons. In this instance it is crucial to have an experienced traffic lawyer to guide you.
A restricted work licence allows you to continue driving, but you my only drive for work related purposes for period of your disqualification.
You know that your drivers licence is important, your ability to efficiently get to work depends on it.
David Cole will do everything he can to get you the minimum disqualification period or a restricted work licence so you can continue to drive to maintain your employment.
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.
- Is 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.