Clarity Law - drivinglaw.com.au

South East Queensland's most experienced traffic law firm

unlicenced driving

  • Driving Offences

    A driving offence and the threat of losing your licence can have a devastating impact on your life.  It is critical that whatever the driving charge that you get the best legal representation.  We get calls every week from people who have been to court without a lawyer and received a punishment much more severe than they thought it would be, at that point there is not much we can do to help.  None of our clients have ever regretted getting good legal advice and representation.  Remember we are experts on traffic law in Queensland.

     

    Drink Driving 

    Drink driving in Queensland is a serious offence and there is a no tolerance attitude by the courts, if you are ‘over the limit’ you will be charged and you must receive some period of disqualification

    It may be possible for you to apply for a work licence but this must be done at the time you appear in the court to plead guilty, it cannot be done afterwards.  Please see our section on work licences for further information.

    Well thought out submissions and arguments before a Magistrate can in our experience significantly reduce the length of your disqualification.  There are a number of factors that can lead a magistrate to impose the lowest penalty possible, we know them all.   Visit our drink driving page for more information.

     

    Drug Driving

    Drug driving is becoming more common on Queensland roads. 

    There are two possible drug driving charges in Queensland either;

    • driving whilst a relevant drug is in the system; or
    • driving under the influence of a drug (“DUI”)

    In essence driving with a relevant drug in the system is similar to low range drink driving while driving under the influence of a drug is similar to high range drink driving.

    The punishments are similar to drink driving offences and it may be possible to apply for work licence.  For more information visit our drug driving page.

     

    Careless Driving

    Careless driving is also known as driving without due care and attention.   The charge is less serious than dangerous driving but can still carry an extensive disqualification period.  Typically the Police issue careless driving charges for traffic accidents where they feel the driver is at fault.  The Police must be satisfied that you drove without due care and attention or without reasonable consideration for other road users.  You can be charged with careless driving even if on private property.  The court has the ability to impose a disqualification period if the circumstances warrant.  The disqualification can range from 1 month to an absolute disqualification.  Visit our careless driving page for more information.

     

    Disqualified Driving

    Disqualified driving is an extremely serious charge in Queensland.  The Courts are particularly hard on these types of offences as to be charged with disqualified driving you must have been disqualified by a court but still chosen to drive.  Magistrates often feel a personal affront that you have disobeyed their orders.

    The charge is different to unlicensed driving or driving without a licence as there must be a previous disqualification by the courts still in place at the time the offence was committed.

    Jail is often imposed by the courts for disqualified driving, even on rare occasions for first time offenders.  It is vital to try and convince a Magistrate that jail is inappropriate and that a more appropriate penalty is community service or probation.  The court will also impose a further disqualification of your licence, from 2 up to 5 further years.  Visit our disqualified driving page for more information.

     

    Unlicensed Driving

    People are charged with unlicensed driving because at the time of their licence status was checked by the police they were not licenced to drive on Queensland roads.

    The typical types of unlicensed driving charges include;

    1. Unlicensed driving– applies generally where people have forgotten to renew their licence
    2. Unlicensed driving (SPER suspended) – applies to people who have a debt with the State Penalties Enforcement Registry (SPER) that they haven’t paid and SPER has suspended their licence
    3. Unlicensed driving (demerit point suspended) – applies to people whose licence has been suspended for too many demerit points.  Generally Queensland Transport would have written to a person who exceeded their demerit points and that person has elected a 3 month suspension or failed to elect a good driving behaviour period and their licence was automatically suspended for 3 months.
    4. Unlicensed driving (disqualified by court order) – applies to people whose licence has been disqualified by a court.  This is a very serious charge, for more information visit our disqualified driving webpage

    Visit our unlicensed driving page for more information.

     

    Evading Police

    The charge of evading police, also known as failing to stop is an extremely serious charge with the Queensland Government enacting some of the toughest legislation in the country.  The government have shown a continued desire to see people jailed for evading the police.

    Visit our evading police page for more information.

     

    Dangerous Driving

    Dangerous driving is one of the most serious traffic offences in Queensland.   Dangerous driving, depending on the circumstances of the offence can be either a traffic offence or a criminal offence.   The penalty for dangerous driving can be up to 5 years imprisonment and a fine of up to $4,000.00 depending on a number of factors including whether the driver consumed alcohol or was speeding.

    If a person is injured or killed as a result of an accident it is possible to be charged with Dangerous Driving causing injury or death.   If any of the following aggravating circumstances exist then the maximum penalty is 14 years in prison:

    • at the time the person was adversely affected by alcohol or drugs; or
    • at the time the person was excessively speeding or taking part in an unlawful race; or
    • the person has previously been convicted for dangerous driving

    It is critical to get legal advice if you are charged with dangerous driving as prison is a real possibility for this offence or at the very least a large fine and a long disqualification period.   A person should never appear unrepresented on a charge of dangerous driving as the legal issues are simply too complex.  Visit our dangerous driving page for more information.

     

    Special Hardship Licence

    Where you have exceed 2 or more demerit points in a good driving behaviour period or exceed the speed limit by more than 40 km/h (high speed offence) it might be possible to apply for a special hardship licence to continue to drive for certain work and personal reasons. Visit our special hardship licence page for more information.  There are very strict rules regarding who can apply for a special hardship licence.

     

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

    We have been operating since 2010 and undertaken thousands of cases 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 952 255 seven days a week, 7am to 7pm
    3. email This email address is being protected from spambots. You need JavaScript enabled to view it.
    4. Visit our main website page
  • Incurring multiple drink or drug driving charges in one night

    Depending on your blood alcohol concentration (BAC) reading or drug driving status and what type of class licence you hold, your licence may be suspended for 24 hours after you are charged with drink or drug driving or until your Court date.

     

    Drink driving charge

    For a driver on an open licence with a low range drink driving charge, between .051 and .099, you will usually be suspended for 24 hours, for a mid-range or higher (being anything over .1) you will usually be suspended up until your Court date.

    The police will need to serve a notice of suspension on you and this notice will specify the length of the suspension.  

     

    Drug driving charge

    For drug driving generally if you are charged with having a relevant drug in your system you will be suspended for 24 hours, however if you are charged with driving with a relevant drug in your system you will be suspended up until your Court date.

     

    It is a small comfort to know that, in circumstances where you are suspended until your Court date, the time in which you are charged and therefore unable to drive up until your matter is dealt with by the Court will be taken into consideration by the Magistrate when sentencing you. For example, if your Court date is a month after you are charged the Magistrate will take this into account and usually sentence you to a month less than they would have if you had been able to drive since you were charged. 

     

    Driving during your suspension

    If you are caught driving during your suspension period, being either the 24 hours after your charge or up until your Court date, the charge will be treated the same as a disqualified driving charge and will result in a mandatory minimum 2 year disqualification of your licence.

    Further, whilst multiple traffic charge disqualification usually run concurrently any drink or drug driving charges will run cumulatively with any other driving charges.

    We have numerous clients who are charged with a drink driving offence, and subsequently are suspended who leave the Police Station and go directly to their car to drive it home. Police are well aware that a lot of people do this and monitor it. The consequence are extreme and can result in, depending on the initial BAC or drug status charge a further drink or drug driving charge as the alcohol and/or drugs are still in the drivers system, as well as a mandatory cumulative suspension time for the disqualified driving charge. 

    Regardless of your situation and circumstances absolutely nothing can be done to obtain less than a minimum of 2 year disqualification for a suspended driving charge.

    Another consequence of being charged twice in one night with drink driving is that you will then, at the end of your disqualification period be subject to an interlock system.

    If you are sentenced by the Court for in excess of 2 years, after you have served the minimum 2 years you are able to apply for a licence reinstatement application. You should engage a Solicitor to undertake the application on your behalf as you are only allowed to apply once per year.

     

     

    Here at Clarity Law we appear several times a week in the Courts with people charged with drink driving, it is this experience that allows us to get the best result for clients, every time.  Other law firms simply don’t have the experience that we do and don’t know the Magistrates like we do.  We also offer one of the most competitive prices for drink driving charges in Queensland click here to see what we will charge.  If you want to engage us or just need further information or advice then you can either;

    • Use our contact form
    • Call us on 1300 952 255 seven days a week, 7am to 7pm

     

    This article is written by Steven Brough one of Queensland’s most experienced traffic lawyers and contains general advice only not legal advice.