This article seeks to expand upon what conditions the Court can impose on a person if they grant them a restricted licence under section 317 of the Transport Operations (Driver licencing) Regulation 2021.

This article, is not an overview of Special Hardship Orders – we have a comprehensive article here.

What conditions can the court impose on me?

There are conditions which the court will impose that are common regardless means of a hardship licence you are seeking (work or other purposes).

The court will authorise the applicant to:

1. Continue to drive a motor vehicle of the class that you are licenced for;

2. Between certain hours;

3. The applicant must carry a copy of the order with them at all times when driving;

4. Drive under this licence provided they have a valid open or provisional licence;

Work Licence:

The conditions the court will impose on a person driving for work purposes:

1. The applicant will be allowed to continue to drive a class of motor vehicle for which they are licenced and is required for their work (for example, rarely will the court authorise an applicant to continue to drive a motorcycle under this licence);

2. Between the hours listed on the application (rarely 24/7);

3. For purposes directly related to the means of earning your living;

4. To travel between the applicants place of residence (this can include temporary accommodation) and place of employment (including worksites) by the most direct path of travel;

5. To travel as directed by the applicants employer from time to time, on activities directly related to the applicants employment (this means to complete work, collect supplies, make deliveries ect. This DOES NOT include going for smoko or lunch); OR

6. To travel on activities directly related to the conduct of running the applicants business;

7. The court may require the applicant maintain a log book, setting out the time of departure and purpose of each journey prior to driving –and the logbook must be made available to QPS on demand;

8. The court may allow the applicant to carry passengers if required;

9. The court may require the applicant to wear a branded uniform when driving.

Severe and unusual hardship

The conditions the court can impose on a person driving for purposes other than the means of earning their living can be as varied as necessary to achieve the purpose of the licence, such as:

1. Limiting passengers to specific people (such as the applicants children or dependant);

2. Limit the purpose and destination of trips (such as the applicant transporting a child or dependant to a medical or specialist appointment).

What happens if I breach one of these conditions?

If you breach a condition of a Special Hardship Order, the licence will be cancelled and you will be charge with an offence under s79 of the Transport Operations (Road-Use Management) Act 1995, which will accompany the disqualification of your licence for a period of three months and likely a fine.

What happens if my circumstances change, I need different hours or conditions?

If it is the case that you need to adjust the conditions of the licence, such as hours or passengers, you need to make an application to vary the Order to the court you are in the jurisdiction of.

Conclusion

It is important to get your required conditions right the first time around, this avoids you having to attend court multiple times, paying additional fees and, critically, ensuring that you are not in breach of your order. It is not recommended that you attempt to undertake a Special Hardship Order application on your own, an experienced traffic lawyer can draft the necessary affidavit paperwork to ensure that the order covers the necessary conditions.

To remove any of the mystery around these orders, we have included in this article, the draft order form which TMR, the applicant and the court uses!

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button to the right and leave us a message

It is common for people charged with a drink driving offence to come before a Queensland court with a history of drink or drug driving offences. Sometimes, these offences are dated, having occurred over 5+ years ago.

A history of drink or drug driving becomes much more relevant to a defendant, if their previous offence was within the last 5 years from the date of the offence. The reason for this is two fold:

1. it makes the defendant ineligible for a work licence;

2. it exposes a defendant to a greater minimum and maximum penalty than they otherwise would have faced.

This article will focus on the second of the above, being the increase in penalty that a defendant is exposed to if this is their second or more drink driving charge.

Why is a person exposed to a higher penalty?

The Police have the power, which is often exercised to serve a “Notice of Intention to allege previous conviction” or often simply known as a Notice to Allege. This notice is served pursuant to section 47 of the Justices Act 1886 and formally puts the previous convictions before the court.

This is significant in the event of drink and drug driving offences as pursuant to section 86 of the Transport Operations (Road-Use Management) Act 1994. This section deals with the mandatory minimum disqualifications for drink and drug driving offences, for example:

1. Drink Driving over the general alcohol limit but not over the middle alcohol limit, the mandatory minimum is a disqualification of 1 month to a maximum of 9 months;

2. Drive with relevant drug in blood or saliva, the mandatory minimum is a disqualification of 1 month to a maximum of 9 months; and

3. Drive over the middle alcohol limit but not over the hight alcohol limit, the mandatory minimum is a disqualification of 3 months to a maximum of 12 months.

However, when a notice of intention to allege is tendered, the court must start the disqualification at a higher mandatory minimum, for example:

1. Drive over the general alcohol limit, with a previous like offence – the mandatory minimum becomes 3 months and the maximum 18 months;

2. Drive with relevant drug in blood or saliva, with a pervious like offence – the mandatory minimum becomes 3 months and the maximum 18 months;

3. Drive over the middle alcohol limit, with a pervious like offence – the mandatory minimum becomes 6 months; and

4. Drive Under the Influence of Liquor or Drug – the mandatory minimum becomes 9 months to a maximum of absolute disqualification.

The court however, will take all alleged previous convictions into account when determining whether or not to impose lengthier periods of disqualification, or indeed whether or not harsher penalties are appropriate to impose, such as community based orders such as Community Service or Probation to considering periods of imprisonment if there is a lengthy history of drink and drug driving offences.

What can I do to reduce my penalty and disqualification period for a second drink driving offence?

The best thing is obviously to engage an experienced traffic lawyer to act for you.  A lawyer knows what the court needs to hear to get the lowest penalty possible for a 2^nd drink driving charge.

Other things you can look to do are:

• obtaining character references

• where appropriate seek medical help if needed

• completing a traffic offender program

• completing a letter of apology

• get a good traffic lawyer

I have heard that if I have three offences in 5 years I have to go to prison?

If this is your third high range drink driving charge in 3 years then the court must impose a term of imprisonment.  It does not mean you will potentially serve time in prison as the court could potentially wholly suspended any sentence or give immediate release on parole if proper legal arguments are made.

If an accident occurred and someone was hurt or you have previous traffic or criminal history then the courts might be looking at whether a prison sentence might form part of the penalty

Conclusion

Drink and Drug driving offences are complex areas of law once a history of offences and multiple like offences occurring in a short period of time. Whether that is what penalties are going to be increased, whether the court can consider periods of imprisonment, or even if disqualifications are going to be served concurrently or cumulatively. Engaging an experienced traffic lawyer will allow you to get the best outcome possible in the circumstance where this is your second or more drink driving offence.  This article is only the touching off point for a sometimes difficult to interpret area of traffic law, simply reading the relevant sections of the acts, without a background in criminal and traffic law creates unease and uncertainty for clients. This article is aimed to clarifying some of these concepts. 

Should I get a drink driving lawyer to represent me for a second drink driving offence?

Some people of course decide just to go to court and throw themselves on the mercy of the court and hope everything turns out fine.

The difficulty with this is the court can be harsh, the magistrate treats drink driving charges seriously.  Unless you know what to say and what not to say to the magistrate then you won’t get the best outcome.  Even a month or two extra disqualification is going to cost a lot in terms of lost work opportunities, extra transport costs and interference in your personal life.

Traffic Lawyers aren’t that expensive and you get to have an expert on your side taking care of everything at court and looking out for your rights and best interests.

You can see our fixed prices by clicking here

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255seven days a week, 7am to 7pm

3. Click hereto select a time for us to call you back

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button to the right and leave us a message

It was a great start to the new year for Clarity Law as we finalised a matter and obtained fantastic outcome for the client. This outcome case as a result of diligent work and case conferencing with the Police Prosecution Corps.

The background

We were engaged to act for a client who had been approached by a police officer about an Evade Police offence. This is a significant charge, which carries a mandatory minimum penalty of either approximately a $7,000 fine or a custodial sentence of 50 days to be served in a custodial facility. On top of this penalty, the offence attracts a 2 year loss of licence.  (see our full article on Evade Police here)

Our office took the initial consultation where the client advised us of what had occurred and what they had been served by the police. The client was served a Type 1 Vehicle related offence notice – which required the client to complete a Statutory Declaration advising if they were the driver of the vehicle at the alleged time of the offence.

We drafted the Statutory Declaration on the client’s behalf, taking care to ensure that what is written wasn’t taken as an admission of the quality of the driving. (Note Do not allow the police to draft your statutory declaration, or try and draft it yourself. You may bind yourself to a position that is not assistive).  See our article on What happens if you are served an evasion notice?

The client was subsequently charged with an Evade Police offence.  This was expected – it is commonly our advice that once you have been served with the notice, the police have made their mind up to charge you with an evade offence.

The outcome

Once the matter hit the court, we requested the dash camera and body worn camera footage of the police vehicle and arresting officer to review, with a view to negotiate the charges (this process is also called case conferencing).  I reviewed the footage and determined that from what was there, it couldn’t be shown that the client had been given a lawful direction to stop. I drafted a submission on behalf of the client and sent to the prosecution.

The prosecution considered the submission and ultimately agreed to reduce the charge to a much lower offence of failing to stop for prescribed purpose. This offence is fine only.

Through a review of the evidence, and negotiation with the prosecutor our office was able to take a client from the brink of a period of imprisonment or a $7,000+ fine and a 2 year loss of licence to a fine of around and no disqualification or conviction recorded.

So what?

So what, you might ask yourself – this doesn’t affect me or have any impact on my specific case. This article highlighting a legal win stands to demonstrate the benefit of having an experienced legal team in your corner. While there is never a guarantee that negotiating with police will succeed, engaging an experienced legal team gives you the best opportunity to secure you the most optimal legal outcome.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255seven days a week, 7am to 7pm

3. Click hereto select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information.  You won’t be chased or hounded to engage us.

Drink Driving offences are offences of strict liability - effectively, if a person was suspected of driving/being in charge of or attempting to put a vehicle into motion and that person had a BAC greater than their allowed limit (See our full article on Drink Driving). Then that person is guilty of a Drink Driving offence. The Police have 3 hours from the time the defendant was suspected of driving to give them a breath or blood test.

There is, rarely a scenario which occurs where a person comes to the attention of police, they return home and consume a considerable amount of alcohol. This might looks something like this:

Cara is driving along Discovery Drive in Helensvale and clips a light post and continues home. A witness calls the police, giving a description of the vehicle and licence plate. Cara arrives home, nerves are shot and she drinks ¾ of a bottle of wine in an hour before the police arrive. Cara tells the police that she had not consumed any alcohol before she drove and that she had drunk wine after the fact.

When this occurs, there is a possibility that a defendant could raise what is called a “Dorfler Argument” which arises from the case of Davies v Dorfler; Ex parte Davies [1988] 2 Qd R 490 (this case was further followed by Leach v Commissioner of Police [2009] QDC 66.  In other words what happens if you drink after driving but before the police breath test you.

How can the defence be raised?

The defence can be raised if it can be proven that a defendant had consumed liquor after their driving and/or the prosecution cannot prove that the defendant had been under the influence of liquor at the time of driving.

It is important to note that this is not as simple as stating that you had not consumed liquor before driving and then you returned home and had a drink.

It is going to rely on a number of factors, including whether there was any visible evidence of alcohol consumption at home, your Blood Alcohol Reading measured against amount of alcohol drank and how much time has passed.

For example:

Cara has clipped the light post on Discovery Drive at 6:00pm and travelled straight home, arriving at 6:05pm. She pours herself a glass of wine and drinks it. She repeats this until ¾ of the bottle has been consumed over 1 hour. The police arrive and administer a breath test which has a positive indication for alcohol. Cara is then taken to the Coomera Police Station where on a subsequent breath test she has a BAC of .134%. 

In this example, it may be possible to raise the Dorfler Argument as a valid defence. 0.134% when measured against alcohol drank, time elapsed and other variables, it may be calculated what her BAC would have been at the time of the accident and would not have had a reading that gives rise to an offence.

If however, Cara’s reading came back as .200%, then there is some indication that Cara may have been intoxicated at the time of driving, which would negative the defence.

How would it work?

The existence of the defence does not guarantee it’s success. The prosecution will often rely on any witnesses who could provide any testimony as to a defendant’s indicia, meaning did they display signs of being intoxicated. The police can also seek a Forensic Countback be conducted. A forensic countback is a report generated by  an appropriately qualified person, such as a scientist, forensic medical officer or toxicologist.

The report will calculate the estimated BAC at the time of the commission of the offence. The report is much more detailed calculation of estimated BAC and takes into account the following:

1. Age;

2. Height;

3. Weight;

4. Gender;

5. Amount and type of alcohol consumed;

6. The period of time which you allege you consumed alcohol; and

7. Your ultimate reading.

The report, while not 100% accurate, will usually be convincing in the eyes of the court. That is to say, if the report is not favourable it will remove the Dorfler Argument as an available defence. It may however, support the case theory that you put forward.

The Forensic Countback may return that a person had a prescribed concentration of alcohol in their blood, however it may determine that the estimated reading at the time of the offence was within a lower threshold. This might look like a .200%BAC at time of reading, being closer to .140%BAC at the time of driving. This has the effect of lowering mandatory penalties and potentially opening up options for an application for a restricted licence.

Do I have to take the defence to trial?

While the defence will ultimately be tested at Trial, a skilled practitioner will likely enter the case conferencing process to either seek to have the prosecution withdraw the charge or if possible, lower the reading to a lower offence threshold.

Case Conferencing the matter, as it relies on negotiating with police prior to any forensic report being prepared will also necessarily factor in a believability element. Effectively, did the defendant tell police that they had drank after getting home, whether there is any visible evidence of that fact etc etc.

Example:

Peter was driving home after work where he had consumed a light beer at approximately 5:45pm. During travel he side swipes a Tesla car, gets out and inspects the damage. He ultimately leaves the scene and continues a few minutes until he arrives home at 6:05pm. There was a witness to the incident and the police were called, and arrive at Peters house at 8:00pm. Peter had a stressful day and was now panicking about having hit a car. Peter got home and started drinking ready to drink bourbon, he drank 8 cans until the police arrived at 8:00pm. Peter admitted to driving and hitting the other car and told police he’d had one drink at 5:45pm and got home at 6:05pm when he started drinking.

Police observed numerous cans of bourbon and they take him to the station for a breath test. His ultimate test returned a reading over in excess of .177%.  Peter’s lawyer was able to negotiate with police, based on what they had witnessed, the time that had elapsed and simple calculations based off known rates of elimination to demonstrate that at the time of driving, he was likely not over a BAC of .05%.

Why doesn’t everyone do this?

The simple answer is that this is a very uncommon and difficult defence to raise. The overwhelming majority of drink driving charges arise from a police intercept or after someone has immediately gotten home.  Defences to a drink driving charge are on the whole quite rare in Queensland.

The defence will rely on the right circumstances and may required favourable calculations from any forensic countback that may be conducted.

Conclusion

This article is not and should not be taken as a complete explanation or legal advice regarding a forensic countback or a defence to drink driving. This article serves to give an overview on a misunderstood and uncommon defence to a very common charge.

If you are in a circumstance where you were consumed alcohol after you stopped driving and were subsequently breath tested, this is information you should bring up with your lawyer who can advise on all the facts, if there is an available defence.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving.

You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.  

Need more information?

We have a range of articles on drink driving on our traffic law blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths

• The Essential Guide to Obtaining a Work Licence

• How Drink Driving Matters are Heard in Queensland

• What happens after your drivers licence is disqualified?

• Refusing a Breathalyser Test in Queensland

• Can you commit a drink driving offence in your driveway?

• Immediate suspension for drink driving

• Case Study - High Range Drink Driving and Disqualified Driving

• Three High Range Drink Driving Charges

• Special Hardship Orders v Work Licences

• High Range DUI

• Going through a drink driving charge in Brisbane Magistrate Court

• DUI Charges

• Ultimate Guide to High Range Drink Driving

• Can you beat a DUI?

• Navigating Drink Driving Charges in Queensland: Top 5 Do's and Don'ts

• Disqualification vs Suspension, what is the difference in Queensland?

• The True Cost of a Drink Driving Conviction in Queensland

• How does a traffic matter proceed in the Southport Magistrates Court?

• Will I get a criminal conviction for a drink driving charge?

• Work Licence Affidavits

• Drink Driving Lawyers Brisbane

• Drink Driving Lawyers Gold Coast

• Drink Driving Lawyers Sunshine Coast

• Drink Driving Lawyer Ipswich

• Drink Driving Lawyer Beenleigh

• Drink Driving Lawyer Caboolture

• Drink Driving Lawyer Strathpine

Driving under a police suspension are very serious charges in Queensland. The Courts take a very dim view of the offences and the consequences of driving while suspended by police are severe.

When a person is pulled over for a roadside random breath test, they return a positive reading of alcohol or an indication that drugs are present in their saliva. That person will then be (usually) transported to a local police station for a further test and if positive, charged and typically released with a Notice to Appear.

Among the paperwork the person is given, will be a form titled a “Notice of Suspension or Disqualification”. This form will have one of two sections filled in depending on the reading of alcohol or level of impairment.  This results in one of two options in terms of immediate suspension:

What happens if I drive during a police suspension?

Where a person drives during a 24 hour suspension, they have committed an offence against section 22D of the Transport Operations (Road-Use Management) Act (TORUM).  This offence attracts a disqualification of 6 months from holding or obtaining a driver licence.

If a person drives while they are suspended when they have been suspended for greater than 24 hours, they have committed an offence against TORUM, namely Unlicenced Driving whilst s79B suspended. This offence is treated as severely as Unlicenced Driving court order disqualified, meaning the disqualification range is a minimum of 2 years up to 5 years disqualification from holding or obtaining a driver licence.

How will this matter be heard in Court?

This matter will be heard in a similar manner as a drink driving charge is heard.

What are the likely penalties for driving during a police suspension?

There are two distinct offences and as such two vastly different penalty ranges.

What adds complexity to these disqualifications is the corresponding drink or drug driving offence. There are complex rules relating to cumulative disqualifications which need to be considered. Our office has written a fantastic article on it here.

What are some examples of driving under a police suspension?

1. Phillip was caught with a BAC of .060% and given a 24 hours suspension at 8.00pm on Friday. Phillip returns to his car the next morning and decides to collect his car. Phillip is caught by a police officer who scanned his licence plate which revealed there was a suspended driver at that address. Phillip is breath tested and does not return a positive reading, however given he is driving during his suspension, he is charged with a fresh offence.

If Phillip waited until 8.01pm on Saturday to collect his car, he would not have been committing an offence.

2. Elizabeth was caught with a BAC of .153% and given an immediate suspension of her licence. She was informed that she is unable to drive until her matter has been finalised in court. Elizabeth’s court date is a month away. Elizabeth decides she cannot wait that long and drives 2 weeks later to the shop. Elizabeth is pulled over for a licence check and it is discovered that she is currently 79B suspended. Elizabeth is now liable to lose her licence for a minimum of 2 years.

3. William was caught with a BAC of .175 and given an immediate suspension of his licence. He was given the relevant warnings that he cannot drive until the matter has been finalised in court. William decides that his car wasn’t too far from his house, so he returns to his car and commences driving home. The officers who initially arrested him were driving by coincidentally and spot his car. They pull him over and give him a new breath test. William had a BAC of .165. William will now be charged with two counts of driving under the influence of liquor and one charge of driving whilst s79B suspended. There will now need to be consideration to how these offences will run i.e. cumulatively or concurrently.  What started out as a minimum 6 month disqualification, will now run potentially greater than 2 years as a minimum.

NOTE – all of the above examples have all occurred in our experience, however all relevant names, and details have been changed to protect privacy.

Are there any defences to driving under a police suspension?

In certain and very limited circumstances, a defence of necessity or emergency may be available e.g driving a person to hospital to receive emergency care.

Other possible defences are you were not driving on a road, the suspension had in fact ended (for the 24 hour suspension) or you were having to drive under duress (such as fleeing violence).

These defences are limited, however an initial avenue we explore during the early stages of your matter.

Is there ANYTHING I can do to keep driving during a suspension?

Provided a person is eligible, a person subject to a 79B suspension may be able to apply for an emergency licence, under section 79E of TORUM. If you want more information on this licence, please see our article here.

Do I really need a lawyer?

In short, yes. It is not advisable to attempt to represent yourself in these matters, given there is a risk of imprisonment for driving while 79B suspended, especially if this is not your first offence of the like.

What adds complexity in the situation is that you will have a corresponding drink or drug driving offence and how this impact how the disqualifications must be served.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you.  If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost.  All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Need more information?

We have a range of articles on our traffic law blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths

• The Essential Guide to Obtaining a Work Licence

• Criminal Lawyer

• Evading the police

• Can you be charged for watching other people do a burnout?

• Why You Should Never Represent Yourself in Court for a traffic matter

• Traffic Offender Programs

• What is a Traffic Lawyer?

• What Happens After Police Have Charged Me with a Traffic Offence?

• Do you need a Traffic Lawyer?

• Negotiating with a Prosecutor in Queensland

• What is a QP9 and why is it important to your charge?

• Special Hardship Orders v Work Licences

• Disqualification vs Suspension, what is the difference in Queensland?

• Will I get a criminal conviction for a drink driving charge?

• Drink Driving Lawyers Brisbane

• Drink Driving Lawyers Gold Coast

• Drink Driving Lawyers Sunshine Coast

• Drink Driving Lawyer Ipswich

• Drink Driving Lawyer Beenleigh

• Drink Driving Lawyer Caboolture

• Drink Driving Lawyer Strathpine

• Criminal Lawyer

What our clients say about us

A significant factor in sentencing someone for a Drink or Drug driving offence in Queensland is was there a crash?

This article will discuss what happens if you go to court for a drink driving charge where there was a crash or accident, how this affects the penalty for drink driving and what you can do to reduce the penalty.

Why is it relevant that a crash has occurred?

When you admit guilt to the charge you're facing in court, the prosecution will present the case's facts for the magistrate's consideration in determining the appropriate sentence.

The court is interested in hearing about any crashes as they play a crucial role in determining the final judgment of the offense. Specifically, if a crash has occurred, it highlights the increased danger associated with driving under the influence of alcohol or drugs.

The court will assess various aspects of the crash, including who was at fault, whether it involved one or more vehicles, and if anyone was injured as a result.

What does a crash mean for my penalty?

The court will increase the penalty if a crash occurred as drink driving causes approximately 30% of fatal crashes in Australia and doubles the chance of any crash according to research by the Queensland University of Queensland.  This might mean a more significant fine or a longer disqualification.

If a person has a history of drink and drug driving, this increases the likelihood that the court will consider penalties beyond a fine and disqualification.

Where a crash has occurred, our office will typically recommend that a person complete a traffic offenders program (we have written on these programs here), to show the court that they have taken the matter very seriously and elected to undertake additional driver education and rehabilitation.

What should I do if I have had a crash?

If you were involved in a crash, that increases the seriousness of the offence, which will be further aggravated by a high reading or a history of drink driving. It is in your best interest to contact an experienced traffic lawyer who can give you advice on the best way to prepare for your sentence.

An experienced traffic lawyer will give you the best chance to reduce the penalty and disqualification you are facing. Do not try and navigate these complexities by yourself.

How might a crash affect the Penalty?

Take the following two situations both have similar readings and a similar traffic history but the difference is a crash.

1. Joe Bloggs was waived into a static roadside breath testing site and returned a positive reading of 0.103% BAC. Joe is a 27 year old man who is well employed and has a limited traffic history. Joe has completed a traffic offenders’ program and obtained good character references. Joe received a fine of $650 and a disqualification of 3 months.

2. John Doe came to the attention of the police as a result of a single vehicle crash, where John collided with a traffic pole. John was driving in the middle of the night and there were no injuries caused. John had a reading of .10% BAC. John is a 25 year old man who has good employment, has a traffic history consisting of a few speeding fines and has not completed a traffic offenders program. John received a fine of $800 and a disqualification of 5 months.

These examples are based off previous matters that have been before the court. The relevant details have been changed and only serves as an example as to the significance a crash can have on overall outcome. They are not a one size fits all model and each case turns on the facts and the individual before the court.

Its critical to get a good traffic lawyer so they can properly address the crash with the magistrate.

Will my insurance cover the damage?

In almost all cases there will be a clause in your insurance contract that voids your insurance when you have been arrest for drink driving.  This means your insurance will not cover the damage to your vehicle and it will also not cover the damage to any other vehicle or property.

You will need to check with your insurance broker or check the conditions on your insurance.

Summary

• Relevance of a Crash in Drink or Drug Driving Offense:

• Courts consider the occurrence of a crash as a significant factor in traffic matters.

• The presence of a crash helps the court understand the real danger associated with drink or drug driving.

• Factors Considered About the Crash:

• Impact of the crash.

• Fault determination.

• Type of crash (single or multi-vehicle).

• Any injuries resulting from the crash.

• The $ value of any damage done

• Impact on Penalties:

• Courts give more weight to cases involving a crash.

• This may result in a higher fine, increased penalty, or longer disqualification period.

• Prior history of drink and drug driving further increases potential penalties.

• Recommendation for Offenders Involved in a Crash:

• Complete a traffic offenders’ program as this demonstrates a serious approach to the matter and willingness to undergo driver education and rehabilitation.

• Advice for Offenders with a Crash:

• Important to consult an experienced traffic lawyer for guidance on sentence preparation.

• Your insurance likely will not cover any damage

• A skilled lawyer can increase chances of reducing overall penalty and disqualification.

• Comparison of Two Scenarios:

Joe Bloggs:

• Recorded a BAC of 0.103% after a static roadside breath test.

• Limited traffic history, good employment, completed a traffic offenders’ program.

• Received a $650 fine and a 3-month disqualification.

John Doe:

• Involved in a single-vehicle crash, with a BAC reading of .100%.

• Had a few prior speeding fines, no traffic program completion.

• Received an $800 fine and a 5-month disqualification.

• Note: These are illustrative examples and outcomes can vary based on individual circumstances.

• Impact of a Crash not properly addressed with the court

• An experienced traffic lawyer can provide advice and assistance in minimizing the impact of the crash for the best possible outcome.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you.  If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost.  All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Need more information?

We have a range of articles on our traffic law blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths

• The Essential Guide to Obtaining a Work Licence

• Drink Driving on a Lime Scooter

• How Drink Driving Matters are Heard in Queensland

• What happens after your drivers licence is disqualified?

• Refusing a Breathalyser Test in Queensland

• Can you commit a drink driving offence in your driveway?

• Immediate suspension for drink driving

• Case Study - High Range Drink Driving and Disqualified Driving

• Three High Range Drink Driving Charges

• Special Hardship Orders v Work Licences

• High Range DUI

• Going through a drink driving charge in Brisbane Magistrate Court

• DUI Charges

• Ultimate Guide to High Range Drink Driving

• Can you beat a DUI?

• Navigating Drink Driving Charges in Queensland: Top 5 Do's and Don'ts

• Disqualification vs Suspension, what is the difference in Queensland?

• The True Cost of a Drink Driving Conviction in Queensland

• How does a traffic matter proceed in the Southport Magistrates Court?

• Will I get a criminal conviction for a drink driving charge?

• Work Licence Affidavits

• Drink Driving Lawyers Brisbane

• Drink Driving Lawyers Gold Coast

• Drink Driving Lawyers Sunshine Coast

• Drink Driving Lawyer Ipswich

• Drink Driving Lawyer Beenleigh

• Drink Driving Lawyer Caboolture

• Drink Driving Lawyer Strathpine

• Criminal Lawyer

What our clients say about us

Deciding whether or not to pursue a work licence is a question that a person charged with drink or drug driving needs to ponder when they commence their matter.

This article is not going to comprehensively cover work licences, we have a detailed article on that topic here. In short, a work licence is a type of restricted licence that a person applies for to allow them to continue to drive for a specified purpose whilst their licence is disqualified for certain drink or drug driving offences.

What does the court look at when deciding if to grant a work licence?

When making an application for a work licence, the court must be satisfied of 2 things: The applicant is a fit and proper person to be allowed a restricted licence, and that refusal to grant a restricted licence will cause the applicant severe financial hardship by depriving them of their means of earning their living. The court will only grant a restricted licence if both criteria are met.

It seems, on the face of it a pretty obvious choice doesn’t it? If I can keep driving when I have lost my licence for my offence, of course I would want that….wouldn’t I?

While it is true that a work licence allows you to continue to drive during your disqualification period, it is as the name suggests only for work purposes. There are significant restrictions placed on you and serious consequences of breaching those restrictions, even once.

Why wouldn’t I apply for work licence?

There are other important factors to consider when deciding whether or not to apply for a work licence, chiefly – am I content with the court giving me a lengthier period of disqualification than I otherwise would have gotten if I had not applied for a work licence? The court is empowered under the Transport Operations (Road-use Management) Act to impose a longer period of disqualification because of being granted a work licence. This by law is up to double. This could mean that by way of example, if the court considers 3 months an appropriate disqualification, they may decide to double that to 6 months. It is important to note that it is not a mandatory doubling, however most magistrates do exercise this discretion. 

Making the decision on whether or not you want to apply for a work licence will depend entirely on your personal circumstances. For example,

1. Tom – Tom is a truck driver, he is required to drive a his C class vehicle to his employers depot, then make long haul deliveries in his HR truck. Tom is the only person working in his family and will lose his employment if he doesn’t have a licence. Tom does not really have a choice and will need to pursue a work licence.
2. Rebecca – Rebecca is a warehouse assistant who works some distance from her home. The route is service by some public transport and part of Rebeccas role is to operate a forklift on public roads. Rebecca could maybe make it work to not have a licence for a shorter period of time. Rebecca has more flexibility in making her decision.

It will ultimately come down to need and personal circumstances. If it is likely that you will receive a shorter period of disqualification, such as the minimum (or close to) then it will be on the applicant to decide whether or not to make such an application. NOTE There is no way to guarantee that a person will get the minimum disqualification, however a skilled traffic lawyer will be able to give quite accurate estimate on anticipated disqualifications based on the QP9, history and any material that a person obtains.

Another issue that could stop someone applying for a work licence is if they are mid range and must install an interlock device.  Our main article on drink driving has information on interlocks but in general if you are a mid range drink driver applying for a work licence then you will need to install a interlock device on every vehicle you intend to use during your work licence (and even after your work licence as the requirement to install a interlock is for 1 year).  For many people this would be impractical and make them question whether they should apply for a work licence.

These issues are complicated so always seek legal advice before deciding whether or not to apply for a work licence.

Conclusion

Returning to the question, should I apply for a work licence or just take the disqualification? The answer depends entirely on your circumstances. If you need to drive for work and will lose your job or business, then yes more than likely you would want to apply; however, if you could arrange alternate transport or work something out then angling for a lower disqualification might suit your circumstances best.

The only one who can make that balance, is you. Your traffic lawyer will empower you will all the information you need to make that informed decision – but it is ultimately a decision of your own.

If you require more information on work licences, including what courts look for with specific occupations (such as disability support workers and carers), we invite you to read our extensive articles on work licences, or contact our fantastic team who can give you as much information as you need to make an informed and measured decision. 

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. Click here to select a time for us to have a free 15 minute telephone conference with you
4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.
5. Send us a message on Facebook Messenger
6. Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information.

Need more information?

We have a range of articles on our traffic law blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths
• The Essential Guide to Obtaining a Work Licence
• How Drink Driving Matters are Heard in Queensland
• Refusing a Breathalyser Test in Queensland
• Can you commit a drink driving offence in your driveway?
• Immediate suspension for drink driving
• Special Hardship Orders v Work Licences
• Going through a drink driving charge in Brisbane Magistrate Court
• DUI Charges
• Ultimate Guide to High Range Drink Driving
• Can you beat a DUI?
• Navigating Drink Driving Charges in Queensland: Top 5 Do's and Don'ts
• Disqualification vs Suspension, what is the difference in Queensland?
• The True Cost of a Drink Driving Conviction in Queensland
• Will I get a criminal conviction for a drink driving charge?
• Work Licence Affidavits
• Drink Driving Lawyers Brisbane
• Drink Driving Lawyers Gold Coast
• Drink Driving Lawyers Sunshine Coast
• Drink Driving Lawyer Ipswich
• Drink Driving Lawyer Beenleigh
• Drink Driving Lawyer Caboolture
• Drink Driving Lawyer Strathpine
• Criminal Lawyer

What our clients say about us

This is the first article in a series focussing on the specific requirements and considerations for different occupations. This article will examine some of the specific requirements that face NDIS and disability support workers and making applications for restricted licences.

Restricted licence types

Our office has written extensively work licences and hardship licences on our website. In short, the key differences are applicability;

1. Work licence – a licence type that is only available if a person has committed a drug driving offence or a drink driving offence up to a BAC of .149;
2. Hardship licence – a licence type that is available if a person is suspended due to the accumulation of demerit points and/or they have committed a high-speed offence (exceed speed limit by at least 40km/h).

There is NO restricted licence for people who have committed an unlicensed driving offence, including whilst demerit point suspended. It is critical if you are demerit point suspended and you require your licence to drive that you make an application for a hardship licence.

While the reason for needing a restricted licence is different between the two, the legal test for granting a licence is identical. It is a two stage test:

1. Is on the balance of probabilities (50% or more) the applicant a fit and proper person with respect of the safety of other road users and the public generally; and
2. Will the applicant suffer severe financial hardship by being deprived on the means of earning their livelihood?

There is an additional test with respect of Hardship licences for non-work related driving. This is not covered in this article, however has been covered in our previous article on hardship licences.

NDIS and Disability Support Workers

While NDIS and Disability Support Workers are subject to the same legal tests for each licence, particular attention needs to be paid to the specific and often unique requirements for Disability Support Workers when drafting an application for a restricted licence.

Workers are often self-employed, operating under an ABN and subcontract to companies to provide services. When this is the case, a copy of the ABN record is required to be exhibited to the application and affidavit. When a person is not self-employed, they require an affidavit signed by their employer or an authorised person in their company.

It is almost always a requirement that a NDIS or Disability Support Worker needs to carry clients and their families as passengers as a part of their employment. The relevant information regarding their duties and responsibilities, such as community access, transporting clients to medical and physiotherapy appoints will be detailed in the affidavit.

What stands out as unique, is that often there are very wide hours of availability required, ranging effectively up to 24 hours per day, seven days per week. In addition, workers are usually required at short notice. Whilst most courts are very hesitant to grant restricted licences for such a broad amount of time, it is possible provided sufficient information is given to the court.

It has been our experience that NDIS and Disability Support Workers require a very broad range of hours and conditions to ensure that they are able to keep their employment and effectively discharge their responsibilities.

Do I really need a lawyer?

Should you engage a traffic lawyer to represent you? In a word yes.  Although you are free to represent yourself we have found that unrepresented people are often not granted the application because their paperwork is defective or does not adequately cover all the requirements of the legislation.  Remember you get one shot at this, you cannot reapply if you are refused.  Our experience is that less than 50% of unrepresented people are granted a restricted licence.  

Common problems we have seen with people acting for themselves in seeking a restricted licences include;

• Failing to have the court grant the licence for all hours you work
• Failing to have the court grant the licence for all days you work
• Failing to take into account the time you have to leave for work in the morning or return after work
• Failing to have the licence issued for all the vehicle types you need to drive
• Failing to have the order allow you to carry passengers
• Failing to specify other occasions when you may be able to drive
• Failing to prove to the court that you are a fit and proper person
• Failing to show financial hardship as a result of not receiving the licence
• Lodging a letter from an employer rather than an affidavit

Remember if you are unsuccessful with a hardship licence then you will not be able to drive at all for a minimum of 6 months. If you are unsuccessful with a work licence then you will be disqualified at the courts discretion.

Why engage Clarity Law and not another law firm?

We are Queensland’s leading traffic and driving law firm.  We undertake special hardship applications every week throughout South East Queensland. We know the Magistrates and what it takes to be successful in an application.  No other law firm in Queensland would have likely undertaken more restricted licence applications than Clarity Law.  We have made over 1,000 successful restricted licence applications and no firm can match our experience level.  We know what driving courses or workshops the Magistrate will want to see you attend and know how to put a person’s traffic history in the best light. We have acted extensively for NDIS and Disability Support Workers, and we know the unique requirements of these roles.

How do I get more help or engage you to act for me? 

We have been operating since 2010 and undertaken over 1,000 successful restricted licence applications throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255seven days a week, 7am to 7pm

3. Click here to select a time for us to call you back

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

We cover all courts in South East Queensland from the Gold Coast to Brisbane and the Sunshine Coast and out to Toowoomba.  We have 6 offices in South East Queensland to assist people. We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about restricted licences. You will not be chased or hounded to engage us.  Remember its critical you get advice before going to court, failing to get a restricted licence or one that is too restrictive will have an impact on you, your family and your employment or business.

You may hear friends, family or the general public use the terms disqualified and suspended interchangeably when referring to their driver licence. For the most part, the underlying principle is the same – a person’s authority to drive a motor vehicle has been taken away from the person. This definition for everyday use is completely serviceable. However, there are some key differences which need to be understood as they are at law, two different concepts.

1. Suspended. When a person’s licence has been suspended, that means that their authority to drive a vehicle has been temporarily withdrawn. This can occur for any number of reasons, most commonly:
   1. due to the non-payment of a debt owed to the State Penalty Enforcement Registry (SPER);
   2. due to the accumulation of demerit points (including, where you have elected a good driving behaviour period and accumulated an additional 2 points within the 12-month period);
   3. due to committing a High-Speed offence (travelling in excess of 40km/h over the speed limit);
   4. due to returning a positive roadside reading over the middle alcohol limit and above (or being charged Under the Influence of Drugs), also called a section 79B suspension; or
   5. a combination of any off the above.

The salient feature of a suspension, is that regardless of the duration of the suspension, provided your licence has not expired naturally during that time, your licence will return to a valid status at the end of the period.

2. Disqualified. A disqualified licence, in contrast to a suspension is the ‘permanent’ (meaning the licence does not automatically come back at the end of the period of disqualification) withdrawal of a person’s authority to hold or obtain a driver licence. The only way in which a person can be disqualified, is by an order of the court. The most common ways in which this occurs:
   1. committing a drink or drug driving offence (we have written extensively on these subjects here);
   2. driving whilst unlicensed, including if you are suspended by SPER or because of demerit points;
   3. driving whilst unlicenced due to being suspended due to section 79B;
   4. driving whilst disqualified by Court order;
   5. committing a racing offence (including unauthorised speed trials);
   6. careless driving where the driver was unlicensed and/or caused grievous bodily harm or death;
   7. committing Dangerous Operation of a Motor Vehicle offences;
   8. if the Court is satisfied that a persons offending included the use of a vehicle, the Court can disqualify a person from holding a licence; or
   9. a combination of the above.

The Court for certain offences must disqualify a person from holding or obtaining a licence. There are mandatory minimum for most offences and for some, the maximum period can be for life. (Note there are avenues in which a person can apply to have some or all of a disqualification over 2 years set aside). When multiple offences occur, the law can dictate that some disqualifications must be served cumulatively, meaning one after another.

When a disqualification ends, a person’s licence does not automatically return to a valid status. The licence is “dead and buried” for lack of a better term, in fact it is an offence to retain a driver licence that has been disqualified.

A person is required to re-attend the Department of Transport and Main Roads to re-apply for their driver licence. Provided it has not been for an excess of 5 years, your licence will return more or less to the status it was on disqualification.  

A licence can be disqualified and suspended at the same time, usually a suspension will run at the same time as a disqualification, from the date the disqualification is given.

For example, a person is suspended from driving for 3 months due to the accumulation of demerit points. During this period of time, they are caught and subsequently plea guilty to the offence of driving unlicenced whilst demerit point suspended. If on the day they plea guilty there is 2 months remaining on the suspension, the remaining 2 months will run at the same time as the new disqualification period of 6 months.

The two concepts are importantly distinguished, as the consequences of driving whilst disqualified are dramatically increased over driving whilst suspended at law. In terms of administrative actions at the end of each, its important to note that if you are suspended your licence automatically returns whereas if you are disqualified you need to reapply for a licence.

Conclusion

This article is not designed to explain all the ways in which a person might find themselves disqualified or suspended but is here to be a simple guide as to the difference between the terms and why it is important. If you are charged with an offence that has arisen due to a suspension, or if you have committed a traffic offence and are likely to be disqualified then contacting a traffic lawyer to get advice is certainly advisable to assist you in understanding your rights, and assisting you in obtaining a better outcome in court.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone

2. Call us on 1300 952 255seven days a week, 7am to 7pm

3. Click hereto book a teleconference at a time that suits you

4. Email our firms founder at This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about your charge. You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a trafficg charge will have an impact on you, your family and your employment or business.  

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 - represented matters take priority, with solicitors and barristers going first. The court will then deal with the unrepresented adjournments and then the unrepresented pleas. Southport typically has a long list, which means you may be in for a wait if you are unrepresented.

When it is your turn, the prosecutor will call your name and you will walk up to the bar table. The magistrate will ask what is happening with your matter? If you are adjourning and it is the first mention, usually you will be allowed the adjournment. Usually the Magistrate will place you on bail (read our article on bail here) and you will have to sign that bail form and then you will be free to go.

If you are there to plead guilty to the offence, the magistrate will ask you to stand and read out the charge and ask how you plead. This is called the arraignment and in this process you will usually be asked “do you plead guilty of your own free will?” and “has anyone in a position of authority, such as a police officer forced, induced or promised you anything?”.

The prosecutor will then stand up and read out the facts of the charge, and tender any documents they have, such as a traffic or criminal history.

The magistrate will then ask you if you’d like to say anything on your own behalf. This is your opportunity to tell the court anything you believe is necessary, such as impact a disqualification will have on you and the like. You will then be sentenced for the offence, the magistrate will talk to you about their considerations in passing the sentence and will give you your penalty and disqualification.

Sounds simple enough, so why should I pay the money to get a lawyer or why wouldn’t I just use the duty lawyer?

For most people facing the court for a traffic offence, this is the first and most likely, last time they will be before the court. This can lead to a feeling of anxiety and worry as they will be going through an unfamiliar process alone.

Unfortunately, the duty lawyer resources are limited, and as such they will not act for drink or drug driving matters unless there is a risk of imprisonment. People going into court for themselves who may be relying on the duty lawyer only to be told, sorry they cannot help you is likely to cause even more stress and anxiety.

Represented by a lawyer

If you are represented by a lawyer you will be advised which time and where to meet them at the courthouse. After you have proceeded through security, your lawyer will discuss your matter with you and explain the process, including when to stand, what you need to say and how the matter will proceed.

Your lawyer will more than likely ask you to wait just outside the court whilst they go in and speak with the prosecutor and check you in. If the matter is to be an adjournment then they will advise the prosecutor and your file will be placed in the represented adjournment pile.

If the matter is to be a plea of guilty, then they will briefly discuss with the prosecutor.

You will be taken into the courtroom by your lawyer and be told to sit in the gallery. Your lawyer more than likely will sit just behind the bar table and will call you up when your matter is ready to go on.

Your lawyer will stand up and ‘announce their appearance’, meaning they will say who they are and what law firm they are from. They will say that they are here on your behalf for either an adjournment or plea of guilty. If a plea of guilty, you will stand up and be asked the same questions as a person who is unrepresented is asked. The prosecutor will then read the facts of the charge and then it will be your lawyers turn to speak.

Your lawyer will tender any material on your behalf, such as QTOP completion documents (see our article on traffic offender programs here) and any letters of reference. Your lawyer will tell the magistrate all about you and the circumstances of the offence. Importantly your lawyer will distinguish the features of your case and submit to the court their opinion on penalty.

The magistrate will ask you stand and you will be sentenced.

Your lawyer will then be excused, and you will be free to leave the court room. Your lawyer will discuss the results and outcome with you after court, including the disqualification and whether any conditions are going to be placed on you after the disqualification period. 

Why should I get a lawyer when I could probably do it myself?

This is an exceptionally common question that we are asked, in fact our office has written an article dedicated to this question. In short, If you’ve been charged with a traffic offence or face the suspension of your drivers licence , it’s important to understand your rights and options. A traffic lawyer can provide valuable services to help you navigate the legal system, understand your charges, and advocate on your behalf. Whether you’re facing a minor traffic charge or a more serious offence, a traffic lawyer can help you achieve the best possible outcome for your case.

How Do I Get More Information or Engage You to Act for Me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to call you back

4. Email the firms founder This email address is being protected from spambots. You need JavaScript enabled to view it.

We are a no pressure law firm, we are happy to provide information and a fixed price quote to assist you, if you want to engage us then great, if not then you at least have more information about your charge.

When a person has committed a drink driving offence over the middle alcohol limit or over the high alcohol limit (or UIL), or committed a Drive under the Influence of Drugs, then their licence is going to be immediately suspended under section 79B of the Transport Operations (Road Use Management) Act, see our article on driving under a police suspension.

This means that you are no longer able to drive until your matter has been finalised in court. This could be a few weeks, or in some cases, a few months.

During this time off the road, life must go on. While many are familiar with a work licence, that is only applicable when a person has committed a drink driving offence up to the midrange (BAC between .050 and .149%BAC), they often have to wait until their matter can be listed for a work licence date after their first appearance date. Example, in the Beenleigh Magistrates Court work licence applications are heard once a month.

There exists an option for a person who is eligible to apply for an Emergency Licence to continue to drive for a purpose under section 79E of TORUM.

What is a 79E Emergency License?

An Emergency Licence is an application that is made to the court when a person’s licence has been suspended due to the commission of a relevant traffic offence, in most cases a midrange or UIL offence. 

A section 79E application can be made to allow a person to continue to drive for work or to drive for other non-work specified purposes – where not being able to drive would cause them severe and unusual hardship.

Who is eligible?

A person is eligible to apply provided:

• at the time of the offence, you held a current Queensland open driver licence

• at the time of the offence, you were not driving for your job

• at the time of the offence you were not already driving under a work licence

• at the time of the offence you did not have any outstanding drink/drug driving matters or unlicensed driving matters before the court

• at the time you were not driving whilst s79B suspended

• at the time you were not on a good driver behaviour period

• in the last five years, you have not been convicted anywhere of a drink driving offence or failing to provide a specimen of breath or blood

• in the last five years, you have not been disqualified from holding a licence or had your licence suspended or cancelled in Queensland (this does not include a SPER suspension that did not go to court

When to Apply?

There is a statutory timeframe on applying for an Emergency Licence of 21 days after their licence was suspended by police.

What information must you provide to the court?

To make an application for an Emergency Licence you must provide the court with an affidavit of yourself and, if not self-employed, an affidavit of your employer.  Your affidavit will need to address your personal, work, financial and driving circumstances.

Your employer’s affidavit must also address why you need a licence for your job and an explicit statement that you will lose your job unless you are issued with an Emergency Licence.

If you are seeking to drive for non-work related reasons, your affidavit will need to contain sufficient information to show how not being able to drive will cause you and your family severe and unusual hardship.

The affidavit must be in the correct format, contain all the necessary information to satisfy the Magistrate and properly witnessed.  The affidavits must also be accompanied by an application form.

If required by the court, yourself and your employer may be required to give evidence in the witness box in front of the Magistrate.

You will also need to file an application you obtain from either the Department of Transport and Main Roads or the Court registry called a Section 79E Application Form. The Court will give you a hearing date for your application, often prior to your Notice to Appear date.

The application and affidavits need to be filed with the court and then served on the local police prosecution unit well before your court date. This needs to be done at least 3 days prior to the hearing date.

One of the main reasons Emergency Licence applications are refused by Magistrates is that the affidavits are not correct or inadequate.

How does the Court decide my application?

The first thing to note with this application, you are not entering a plea of guilty to the charge at this stage. This application is to allow you to continue to drive in the interim period.

The Court needs to be satisfied of the following:

1. Whether you are a fit and proper person to be allowed to continue to drive;

2. If there is an unacceptable risk of your committing further offences if given the opportunity to continue to drive;

3. Whether you or your family will suffer sever financial hardship by depriving you of the means of earning of your living; and/or

4. Whether you or your family will suffer severe and unusual hardship other than by depriving you of the means of earning your living.

The Court will make these decision on the basis of the information provided in the affidavit material and by looking at your criminal and traffic history.

Restrictions on an Emergency Licence

The Court will restrict how the Emergency Licence may be used by you, for example the court may;

• restrict the times when you may drive

• restrict the purposes for which you may be able to drive

• restrict the class of vehicle you may drive;

• require you to complete a logbook

• require you to wear a work uniform

• restrict who you may carrying as a passenger in the vehicle

What can I do to improve my chances of getting a Emergency Licence?

You need to have a properly drafted affidavit that covers everything the court needs to know.  This is the best way to get an Emergency Licence. 

In addition the court will often take into account any character references you have obtained.

You should also complete a driving course such at Queensland Traffic Offenders Program (“QTOP”). This course is often the factor that sways a Magistrate into granting the application.  We are proud to be a sponsor of QTOP.

Will my Disqualification start from this date?

No. A disqualification will only commence from the time and date you plea guilty.

Do I have to apply for a work licence if I apply for an Emergency Licence?

No. There is no requirement for you to intend to apply for a work licence if you are issued an Emergency Licence. It might be the case that you are not eligible to apply for a work licence, such as a UIL offence or you may be able to make something work once you have been disqualified e.g you cannot afford to be off the road today but you could make it work in a month or two.

Can I vary the work licence after it is granted?

Yes if your circumstances change you can apply to the court to vary your current order.

What happens if I’m caught driving outside the terms of the work licence?

You will lose your work licence for whatever time is left on it and in addition you will be disqualified for a minimum of 3 months up to 9 months.

Should I get a lawyer to represent me?

In a word, yes.  Although you are free to represent yourself we have found that unrepresented people generally are less likely to be granted the application because their paperwork is defective or does not adequately cover all the requirements of the Act and Regulation.  Remember you get one shot at this, you cannot reapply if you are refused. 

Common problems we have seen with unrepresented applications include;

• failing to have the Court grant the licence for all hours you work

• failing to have the Court grant the licence for all days you work

• failing to take into account the time you have to leave for work in the morning or return after work

• failing to have the additional necessary non-work related conditions granted

• failing to have the licence issued for all the vehicle types you need to drive

• failing to have the order allow you to carry passengers

• not providing the correct information to the court

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a traffic charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of traffic law. We believe that every client deserves a clear understanding of their rights and the legal process they're navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you're informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here. 

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you.  If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost.  All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Need more information?

We have a range of articles on our traffic law blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths

• The Essential Guide to Obtaining a Work Licence

• Drink Driving on a Lime Scooter

• How Drink Driving Matters are Heard in Queensland

• What happens after your drivers licence is disqualified?

• Refusing a Breathalyser Test in Queensland

• Can you commit a drink driving offence in your driveway?

• Immediate suspension for drink driving

• Case Study - High Range Drink Driving and Disqualified Driving

• Three High Range Drink Driving Charges

• Special Hardship Orders v Work Licences

• High Range DUI

• Going through a drink driving charge in Brisbane Magistrate Court

• DUI Charges

• Ultimate Guide to High Range Drink Driving

• Can you beat a DUI?

• Navigating Drink Driving Charges in Queensland: Top 5 Do's and Don'ts

• Disqualification vs Suspension, what is the difference in Queensland?

• The True Cost of a Drink Driving Conviction in Queensland

• How does a traffic matter proceed in the Southport Magistrates Court?

• Will I get a criminal conviction for a drink driving charge?

• Work Licence Affidavits

• Drink Driving Lawyers Brisbane

• Drink Driving Lawyers Gold Coast

• Drink Driving Lawyers Sunshine Coast

• Drink Driving Lawyer Ipswich

• Drink Driving Lawyer Beenleigh

• Drink Driving Lawyer Caboolture

• Drink Driving Lawyer Strathpine

• Criminal Lawyer