If your licence is cancelled due to drink driving or any other similar offence, it can have a huge effect on your quality of life. However, you may require a licence for work, and losing it could mean the end of your employment. The law does permit the issuing of a work licence in some very specific situations. Obtaining a work licence is not as easy as it used to be; and as the rate of drink driving offences continues to increase, the court often needs specific and detailed reasons as to why they should issue you with a work licence. It is therefore very important you get the right advice and representation to ensure the court is satisfied that your situation necessitates issuing a work licence.
Do I Qualify?
You must first be aware that an application for a work license must be made at the court hearing for your offence. You cannot apply for a work license after yours has already been cancelled. Therefore, it is important to engage lawyers early to give yourself the best chance possible.
You could qualify for a work license if you meet the following criteria:
- You have been charged with drink or drug driving, or you failed to provide a specimen of your breath at a test; and
- You are going to plead guilty; and
- You need your licence for work.
However, there are also a number of conditions that may prevent your eligibility. You must, for example, hold an open drivers licence and not have been convicted for drink driving in the last five years. We will advise you of all conditions that may rule you out very early in an appointment with us to ensure you do qualify.
To obtain a work licence, you must be able to prove to the court that you are a “fit and proper person” to be issued with a restricted licence. This usually involves providing the court with information about your character and any previous offences you may have, including your traffic offences. The longer the list of offences, the more difficult it may be for you to obtain a work licence. It becomes especially important to engage lawyers where you have significant concerns that you may not meet the “fit and proper person” test.
You must also prove to the court that the lack of a work licence will represent significant hardship to you and/or your family. This must include losing your job or income. If it does not, we can explore the possibility of a special hardship licence with you in consultation.
For more information regarding a work license
If you have been charged with drink driving, drug driving or any other substance related driving offence and require your licence for work, it is imperative that you see a Criminal & Traffic Lawyer before your court hearing. To book in an appointment, contact us on (07) 3252 0011.
This article was written by Alistair Macpherson (Director) and Matthew Shearing (Lawyer).
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