Achieving the best outcome in a traffic-related matter can be absolutely vital to a client – being something that affects not only themselves, but their family, and often their employment. The traffic laws in Queensland are in fact quite complex – being governed by no fewer than 24 separate Acts and Regulations.
Penalties for traffic offences range from licence disqualifications and fines, right through to imprisonment for the most serious types of traffic offences. We have the expertise and experience to achieve the best possible result for you in relation to your traffic charge.
All convictions for driving whilst effected by alcohol or drugs will result in a disqualification of your driver’s licence. Depending on your eligibility, we may advise you to appeal against the automatic disqualification of your licence, enabling you to continue to drive. Whether you were the operator of a car, bike or boat, we can assist you, whatever your predicament.
Driving without a licence, or contrary to the conditions on your licence, can result in a charge of unlicensed driving. Licence disqualification is mandatory in most cases and the length of that disqualification will depend on various factors. Our goal in such cases is to minimise that period of disqualification, and the hardship caused to you or your family. In cases of driving whilst suspended due to a recently expired licence however, suspension is not mandatory – whether that is ordered will depend on your individual circumstances and the representations made on your behalf.
Careless driving - also known as “driving without due care and attention”, is an offence under the traffic laws of Queensland (as compared to an offence under our Criminal Code) and usually follows from a driver being found at-fault in a minor traffic accident.
‘Dangerous operation of a vehicle’ on the other hand is a criminal offence under the Queensland Criminal Code and is charged for more serious traffic-related incidents, such as accidents where there is substantial property damage, or serious injury or death caused. The prosecution must prove an element of “dangerousness” – such as high speed, driving while drug and alcohol affected, or other serious departures from normal standards of driving.
It is however an offence which has various defences - falling asleep for example can raise a specific legal defence, and we have been successful on many occasions in achieving a complete acquittal for clients charged with offences of this kind.
If you are facing a mandatory licence disqualification, in many instances you will be eligible to appeal that disqualification by bringing an application for a “special hardship licence”. Special hardship licences will only be granted by the Court if you are able to satisfy a Magistrate that you are a “fit and proper person” to hold a driver’s licence (generally by reference to your traffic history), and secondly, that the loss of your licence would cause “extreme hardship”.
“Extreme hardship” can mean financial hardship to yourself or your family – by being deprived of your ability to earn a living, or hardship to another – for example if you need your licence to care for a family member by transporting them to medical appointments.
Licence appeals involve the careful drafting of affidavits from both yourself and your employer (if you are employed), as well as attaching supporting materials such as references and financial records. We have successfully conducted hundreds of licence appeals and have the expertise to maximise your prospects of successfully appealing your disqualification.