At Corney and Lind Lawyers, our Brisbane traffic lawyers understand that even a traffic charge can change your life, and possibly the life of your family.
If you’re charged for Section 131(10) of the Transport Operations (Road Use Management) Act , a Judge can absolutely disqualify you from holding or obtaining a drivers license.
If you’re charged for dangerous driving under Section 328A of the Criminal Code (Qld) you could be fined up to $4000, face 5 years imprisonment and have your license disqualified.
Defending or representing yourself for a traffic offence is a serious matter. In most cases, people who choose to self-represent end up with a less favourable outcome in many cases simply because of inadequate paperwork or submissions in the courtroom.
Our Brisbane Traffic Lawyers focus on your traffic matter to get you the very best outcome possible, ensuring that the consequences on your daily life are minimal.
Drink Driving, Drug Driving or Driving Under the Influence results in an automatic disqualification of your license. However, there are legitimate avenues to minimize the period of disqualification you may receive, including the possibility of work licences (please see below). Due to the seriousness of some offences, it is vital to have competent legal representation during your hearing.
A charge for driving unlicensed will usually result in a period of disqualification, except in limited circumstances. It is normally very difficult to prevent at least a small disqualification period for driving unlicensed. Our goal when representing you in these matters is to minimise the period for which you will be off the road. Additionally, if you were charged for driving on a recently expired license, you may be able to avoid suspension altogether.
If you have been charged with Drink Driving, Drug Driving or Driving under the influence, click here Drink Driving Offences for more information
A Dangerous Driving charge usually results from serious accidents or Driver Negligence, where there has been significant injury to either people or property. If you are charged with dangerous driving, this is recorded as a criminal offence. This is more serious than a normal traffic offence as it carries harsher penalties than the more minor charge of careless driving – up to and including 14 years imprisonment.
In matters dealing with dangerous driving the following matters will be take into account including:
- Elements, such as road/weather conditions and natural environment
- Number of persons and vehicles
- Speed of the vehicle
- Presence of intoxicating substances in the driver’s blood
Proving that the vehicle was not operated dangerously is key in avoiding or mitigating serious penalties.
To find out more about whether your traffic matter will be recorded as a criminal offence, click here Can a Traffic Offence be a criminal offence? for more information.
Careless driving, or driving without due care and attention are more minor charges, and are offences under the Traffic Act 1949 (Qld). The maximum penalty for an offence of this nature is $4,000.00 and 6 months imprisonment, but the Courts will usually issue fines unless there has been a systematic habit of infringement. If this is the case, adequate legal representation is especially key – as there are significant evidentiary considerations for these charges, and in many cases it is the word of one person against another. Your lawyers will be able to assist not only at trial, but in preparing and drafting your evidence and the documents required at your hearing.
If you have been charged with an alcohol or drug related offence in Queensland while driving, you may be eligible for a Restricted or Special Hardship licence. This will allow you to still drive your vehicle for work or under certain conditions, and for many people this can be the difference in keeping or losing their job.
Obtaining a restricted or special hardship licence can be difficult as there are a number of conditions you must meet. Please contact our office for further information.
To find out more about work license, click here Can I get a Work License? for more information.
With the “hooning” laws in Queensland, police can impound or cause the permanent forfeiture of a motor vehicle. There are two types of hooning offences:
1. Type 1 – More serious: Generally, involves evading police, street racing or causing unnecessary noise
2. Type 2 – Less Serious: Includes driving a modified vehicle that does not comply with safety standards, driving while under a suspension order or exceeding the speed limit by more than 40km/h.
If your vehicle is impounded, you may be able to apply to the court for release. Reasons for this include financial hardship, not giving consent for use of the vehicle, or that there were no reasonable grounds for the impoundment/forfeiture. These arguments are normally quite complex and require thorough preparation. We especially counsel against self-representation in the case of vehicle impoundment.
If you wish to appeal a general disqualification of a licence, or a fine for the accumulation of demerit points (especially if it will mean suspension of your licence), it is wise to seek at least initial legal advice.
The arguments around licence disqualification are normally evidentiary, meaning that they usually require detailed affidavit evidence and intimate knowledge of Traffic Law. This is especially true in the case of disqualification appeals; you are only entitled to a single application per year so best make it count.
SPER is a body within the Queensland Treasury and Trade responsible for collecting and enforcing unpaid fines from government agencies. Many do not realise that SPER have a very broad range of powers in relation to enforcement of penalties and sentences until they fall victim to them. If you are having issues with your SPER account or would like advice in relation to the possibility of opening a SPER account, obtaining adequate legal advice can be the difference between losing something valuable (for example, your licence) or convincing them to delay enforcement.
Facing charges? Our Brisbane traffic lawyers can help.
Our experienced traffic law team are here to help. Give us a call to discuss your situation & book in your appointment with an experienced traffic lawyer today.
- What to do if you are involved in a car accident?
- Your guide to Demerit Points in Queensland 2002
- Drink Driving Offences