If you have been found guilty of a traffic offence, a court may order the disqualification of your licence. How long your licence is disqualified for will depend on the offence. You may however be able to apply to have your licence disqualification removed in certain circumstances.
Applying for removal
In order to qualify for a licence disqualification appeal you must:
- have been disqualified by a Queensland court from holding a driver’s licence for more than 2 years; and
- it has been more than 2 years since the date of the disqualification.
If your licence is in danger of being disqualified but you have not yet had your court hearing, you may be able to apply for a restricted or work licence. However, applications such as these must be made before a judgement is ordered by a court. If you are currently awaiting a final hearing date, it is imperative that you seek legal advice urgently in relation to obtaining a restricted or work licence.
What you need to apply
In order to submit your application you must:
- obtain a copy of your traffic history from the Department of Transport and Main Roads.
- obtain a copy of your criminal history from your local police station;
- ensure that your details are accurate; and
- fill out the application form and lodge it with the court.
- write an affidavit. This explains why you want your licence back, how your circumstances have changed, and should give detailed reasons as to why the return of your would be appropriate.
- serve a copy of the application and affidavit on:
- Police Prosecutor for Magistrates Court; or
- Commissioner of Police for District or Supreme Court (most common).
- attend your court date.
What the court will consider
When deciding whether to remove your disqualification, the court will take into account:
- your character;
- the reasons you were disqualified;
- your behaviour since your disqualification;
- any rehabilitation you have undertaken;
- whether there is a significant need for a licence;
- any medical reasons; and
- any other factors the court determines relevant to your circumstances.
How we can help
Preparing your application can be difficult and timely. One of our experienced criminal lawyers can guide you through your application step by step to ensure you have the best possible chance of success.
Your primary difficulty will be proving to the court that a return of your licence is appropriate in the circumstances. It is a common myth that a driver’s licence is a right; in most cases, the court will be very skeptical about returning a licence after it has been disqualified. This is where the assistance of a traffic lawyer can be invaluable. We can present your reasons to the court in an ordered and well thought out fashion, giving you a greater chance at being returned to the road. If you want to find out more, click here to view our traffic law specialists page.
What happens if your application is successful?
If the court approves your application, your licence disqualification will be removed. This does not mean you will be granted a licence. You must make a separate application to the Department of Transport and Main Roads for a new licence. You may have to pass the standard driving tests before you can obtain a new licence. If the reason you were disqualified was related to a drink driving offence, you may be required to participate in the alcohol ignition interlock program once your disqualification has been removed.
A licence renewal notice should be sent to you about 4 weeks before your licence expires. It is your responsibility to notify the Department of Transport and Main Roads within 14 days if you change your address or your name. Find out more about how to change your address here.
If your licence has been disqualified and you wish to discuss getting back on the road, please contact our Business Development Team on (07) 3252 0011 to book a consultation with one of our traffic lawyers today.
This article was written by Matthew Shearing (Senior Lawyer).
Please Note: This is not legal advice but it may help you understand the law. Read more...