If you need to apply for a work licence will you need to install an interlock? and what happens if you need a work licence but cannot install an interlock? What is a work licence? In Queensland, a work licence allows you to drive for work purposes even if you’ve been charged with an offence of drink driving or drug driving. This licence may be requested if your job requires regular driving, or if it’s a necessary condition of your employment, and not having a licence risks your job, potentially leading to financial hardships. Eligibility for a work licence is…

What happens if you believe you are forced to do an illegal act in Queensland due to a sudden emergency arising ? Is there a defence to this extraordinary emergency and what would happen in court if you are charged? What is the defence of sudden or emergency driving? Section 25 of the Criminal Code (QLD) provides that; Extraordinary emergencies Subject to the express provisions of this Code relating to acts done upon compulsion or provocation or in self-defence, a person is not criminally responsible for an act or omission done or made under such circumstances of sudden or extraordinary…

One of the more common charges that can bring a person before the court is a charge of unlicensed driving. There are a number of different ways a person can become unlicensed but this article focuses on unlicensed driving due to an unpaid SPER debt. What is unlicensed driving due to a SPER debt? The State Penalties Enforcement Registry (SPER) is tasked by the government with the collection of debts owed to the state. It has the option of suspending a person’s drivers licence to try and force them to pay their SPER debt. When a person’s licence is suspended…

Myth 1 – Dangerous Driving is a traffic offence The most common misconception about dangerous driving is that it is a traffic offence and is therefore not as serious as other types of charges. This is incorrect. Dangerous driving is one of the most serious traffic offences in Queensland as it is also a criminal offence. Dangerous Driving is a very broad charge and is defined under Section 328A of the Criminal Code 1899 as “a person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place”. There are several factors that can…

As a traffic lawyer in Queensland, I often encounter cases involving individuals who find themselves in a precarious situation after being involved in a car accident. When someone is injured, it is imperative to understand the legal obligations outlined in Section 92 of the Transport Operations (Road Use Management) Act Qld this is the section that covers the charge of failing to remain at the scene of an accident. This article will shed light on the intricacies of this offence and provide guidance on how to proceed if you find yourself charged with leaving the scene of an accident where…

People often ask whether they have to lose their driver's licence if they are charged with drink or drug driving in Queensland? In this short guide we will talk about licence disqualifications for drug and drink driving offences and what alternatives there are to maintaining the ability to drive during any disqualification. The law in Queensland In Queensland unlike other Australian states there is mandatory periods of disqualification for all drink and drug driving offences. It does not matter what a person's circumstances are, their driving history or any other factors, if they are charged with drink or drug driving…

If you have been found guilty of a traffic offence such as careless driving, evading police, unlicenced driving etc, or sentenced to a traffic offence and you do not agree with the decision of the Magistrate, you have the right to make an appeal to the District Court. However, the rules, timeframes, and procedures of appeals are complex and often difficult to navigate. In this article, we describe the process of appeal in simple terms to give you an idea about what to expect if you are thinking about making an appeal. For the purposes of simplicity, we discuss appeals…