We provide expert legal services for all traffic offences, including:
At Gilshenan & Luton, we have the expertise and experience to deliver the optimum achievable result for you in relation to your traffic charge.
All convictions for driving whilst effected by alcohol or drugs in Queensland, will result in a disqualification of your driver’s licence.
You can be charged with drink driving if you provide a specimen of breath or blood that has a higher blood alcohol concentration ('BAC') than is allowed for your category of licence, and you are either:
This means that you can be charged with drink driving if you are sitting in your car in a carpark, with your keys on you, and are over the blood alcohol limit. In this situation, you are considered to be ‘in charge’ of the motor vehicle.
There are four categories of drink driving offences:
Generally, drivers are allowed to drive at a BAC below 0.05%, however certain licences require drivers to have no alcohol in their bloodstream (such as learner drivers or provisional drivers). If these drivers are found to have a BAC of more than 0.0% but less than 0.05%, they will be charged as driving while over the no alcohol limit.
If you have a blood alcohol concentration over the high alcohol limit, it is legally assumed that you are ‘under the influence of alcohol’. This is a more serious charge. The maximum penalty is 28 penalty units (approximately $ 3,700) or imprisonment for 9 months. There is a minimum disqualification of six months and no maximum.
The maximum penalties for drink driving vary based on whether it is your first offence and how much over the limit you were.
For a first offence, you will often receive a fine and a period of disqualification, however for particularly high readings or repeat offending, you may receive a community based order.
On a third conviction for an offence of driving under the influence of alcohol or a combination of other serious traffic offences within five years, a sentence of imprisonment must be imposed.
’Drug driving’ as it is colloquially known, could be one of two offences:
Relevant drugs are:
The maximum penalty for driving with a relevant drug present, is a fine of 14 penalty units (approximately $1800-1900) or 3 months imprisonment. There is a mandatory disqualification period of 1 month if you are on your open licence or 3 months if you are a learner or p-plate driver. The maximum disqualification is 9 months.
For the offence of driving under the influence of a drug, the maximum penalty is the same as high range drink driving - 28 penalty units (approximately $ 3,700) or imprisonment for 9 months. There is a minimum disqualification of six months and no maximum.
Yes.
If you provide a specimen of breath or blood and you are both over the alcohol limit and have relevant drugs in your system, you can be charged with drink and drug driving.
You won’t receive a cumulative disqualification (where the disqualification periods are added together) if you are charged with drink driving and drug driving at the same time – the disqualification will run concurrently.
A cumulative disqualification period will apply to you if you commit:
It depends.
Work licences are available for drug driving in the following situation:
You can apply for a work licence for drink driving if:
Please be aware that you cannot turn up to court and say to the Magistrate you want a work licence – there are forms and affidavits that are required.
If you are unhappy with the penalty you have received from a Magistrate, you can appeal to the District Court. There are strict time limits for filing an appeal, so please contact us urgently if you are considering an appeal.
Driving without a valid licence, or contrary to the conditions on your licence, can result in charges.
Licence disqualification is mandatory in most cases and the length of that disqualification will depend on various factors.
There are two types of driving without a licence in Queensland.
It is an offence to drive a motor vehicle without a valid licence. The reasons your licence may not be valid include because it has expired, you have too many demerit points, or because it has been suspended by SPER because of a SPER debt.
You will also be charged with unlicensed driving if you do not hold a class of licence for the vehicle you’re driving, or if you’ve never held a licence.
The penalties for unlicenced driving vary. The maximum penalty for unlicensed driving is a fine of 40 penalty units (approximately $5,300) or 12 months imprisonment and, depending on the offence (why you are unlicensed), disqualification from one to six months.
Disqualified driving is driving when your licence is disqualified by a Court. Driving while disqualified by a court is regarded by the courts as a serious offence, as it is seen as a contempt of the court’s order.
The maximum penalty is 60 penalty units (approximately $7,900) or 18 months imprisonment, as well as a mandatory disqualification from driving for two to five years.
It is not unusual to see imprisonment imposed for a second or subsequent offence.
Yes. If you plead guilty, you can appeal your penalty to the District Court.
If you plead not guilty, you can appeal your conviction and/or your penalty. There are strict time limits for filing an appeal, so please contact us urgently if you are considering an appeal.
If you don’t want to defend the charge, our goal in cases of driving without a valid licence is to minimise any penalties, including any period of disqualification.
Dangerous driving and careless driving are two separate offences in Queensland.
‘Dangerous operation of a vehicle’, commonly referred to as dangerous driving, is a criminal offence under the Queensland Criminal Code and is charged for more serious traffic-related incidents. This includes accidents where there is substantial property damage, or serious injury or death caused.
If you’ve been charged with dangerous driving, it is a serious offence for which you should seek urgent assistance from an experienced criminal lawyer.
The prosecution must prove the “dangerousness” – such as high speed, driving while drug and/or alcohol affected, or some other serious departure from normal standards of driving.
It is however an offence which has various defences. Falling asleep, for example, can raise a specific legal defence, and we have been successful on many occasions in achieving a complete acquittal for clients charged with offences of this kind.
Serious instances of dangerous driving are dealt with in the District Court; whereas less serious cases may be dealt with by a Magistrate.
Dangerous driving is regarded as a serious offence, particularly when involving alcohol or other drugs, or when injury or death results.
Lengthy jail terms are often imposed upon those guilty of such driving. Even relatively simple cases of dangerous driving can involve shorter periods of imprisonment, or the imposition of a large fine, or other penalties such as having to perform unpaid community work.
Furthermore, all proven cases of dangerous driving carry a minimum licence disqualification period of 6 months; often, a longer period is imposed.
It is also common for people to be charged with dangerous driving and other offences at the same time. This includes drug or drink driving, refusing to provide a breath specimen or failing to stop.
Where offenders are disqualified from holding a driver’s licence for more than 2 years, they can apply to the court after two years for their licence back.
Such applications are not straight-forward though, and legal assistance should be obtained for anyone wanting to shorten their disqualification period.
Careless driving, also known as “driving without due care and attention”, is an offence under the traffic laws of Queensland (as compared to an offence under the Criminal Code) and usually follows from a driver being found at-fault in a minor traffic accident.
These cases are dealt with in the Magistrates Court.
The maximum penalties for careless driving are 40 penalty units (approximately $5,300.00) or 6 months imprisonment. Where death or serious injury is caused, the available penalties increase to 80 penalty units (approximately $10,500) or 12 months imprisonment. If you cause serious injury or death and were unlicensed, the maximum penalty is 160 penalty units or 2 years imprisonment.
Commonly though, for straight-forward cases of careless driving, a fine of a few hundred dollars is imposed.
A court may also impose a licence disqualification period as a result of a careless driving charge. Unlike dangerous driving though, such a disqualification isn’t mandatory. A lawyer can assist you in attempting to avoid, or at least minimise, any disqualification period imposed for such a charge.
If you are facing a mandatory licence disqualification in Queensland, in many instances you will be eligible to appeal that disqualification by bringing an application for a “special hardship licence”.
Special hardship licences will only be granted by the court if you are able to satisfy a Magistrate that you are a “fit and proper person” to hold a driver’s licence. There are generally two considerations:
“Extreme hardship” can mean financial hardship to you or your family. This includes being deprived of your ability to earn a living as well as hardship to another; for example, if you need your licence to care for a family member by transporting them to medical appointments.
Licence appeals involve the careful drafting of affidavits from both yourself and your employer (if you are employed), as well as attaching supporting materials such as references and financial records.
We have successfully conducted hundreds of licence appeals and have the expertise to maximise your prospects of successfully appealing your disqualification.
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