Clarity Law

Specialist Traffic Law Firm Queensland
Legal Blog
So, you have filed your application for a special hardship licence, you have a court date and all of your material has been filed with Queensland Transport and Main Roads (TMR), you think you're ready and then you get a letter from TMR saying they are going to oppose your application. What do you do now? What is a special hardship application? Let's first look at who can apply for a special hardship application. Special hardship applications are only for people who are in one of two situations: You have exceeded 1 demerit point while on a good driving behaviour…
Last modified on Friday, 07 July 2023 11:42
Most people would be aware that a drink driving offence in Queensland requires the court to disqualify a person's drivers licence for a certain amount of time and will in almost all cases impose a fine. Queensland does provide some people with the ability to apply for a work licence which would lessen the impact of that disqualification by still allowing the person to drive for work purposes but doesn’t apply to all people and cannot allow a person to drive for personal reasons. However where a person has a previous drink driving charge this can cause both an increase…
Last modified on Tuesday, 04 July 2023 10:20
Many people would be aware of the drink driving penalties that Queensland courts will impose like fines and periods of disqualification. What perhaps is less well known is some of the other “costs” of a drink driving charge, some of those costs are financial, some of them are things that can affect a person's employment or the ability to drive even when the disqualification period has ended. Let's take a closer look at some of the less well-known costs that flow from a drink driving conviction. Insurance costs Most insurance policies such as car insurance carries with it an obligation…
Last modified on Monday, 03 July 2023 17:52
Sunday, 02 July 2023 14:26

Why section 10 does not apply in Queensland

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In New South Wales there is a particularly powerful provision under the Crimes (Sentencing Procedure) Act 1999 that is section 10, that section provides the court may discharge an offence after a person is found guilty or pleaded guilty to court despite the fact that offence has been admitted or has been proven correct. It's important to note that section 10 only applies to charges in New South Wales and doesn't apply in Queensland but do we have something in Queensland that is similar? Why does section 10 exist? Section 10 was set up in New South Wales so that…
Last modified on Monday, 03 July 2023 14:36
Over the past few years we have seen a steady increase in the amount of clients charged with drink driving the morning after they drank. This is in part because of extra testing now carried out by the police in the mornings and also people's lack of knowledge on how alcohol is absorbed by the body while they are asleep. Why are there an increasing drink driving charges for drinking the night before? There is of course no way in which you can accurately know how much alcohol is in your system. Portable drink driving testers will give a general…
You’ve been pulled over, tested and charged with a drink or drug driving offence and it’s now your court date. You arrive to the Southport Magistrates Court at 8.30am and stand in line to be searched through security. Representing yourself You look for your name on the board in the lobby and make your way to where all matters start in Southport, Court 1. You will go in, check in with the police prosecutor or their assistant and get asked: are you pleading or adjourning the matter? If you are not legally represented, you will be in for a wait…
Last modified on Monday, 26 June 2023 15:44
Are you wondering what steps to take after being arrested for drink or drug driving in Queensland? Read this informative article and discover the necessary actions to safeguard your rights and navigate the legal process. Introduction Getting arrested for drink or drug driving can be a distressing and overwhelming experience. It is crucial to know what steps to take next to protect your rights and ensure a fair legal process. In this article we will discuss the necessary actions you should consider after an arrest. For residents of Queensland seeking professional assistance, we recommend consulting a reliable traffic law firm…
Last modified on Thursday, 25 May 2023 16:49