Driving Law

What Happens After Police Have Charged Me With a Traffic Offence?

Steven Brough — Wed, 19 Aug 2026 05:22:06 +0000

What Happens After I am Charged?

Police will issue you with a “notice to appear” on a little slip of paper. For a drink driving offence, you will also be given a separate “notice of suspension”. The suspension notice will be 24 hours if you are charged with a low range drink driving offence, or, you will be suspended until your matter is resolved in court if it is middle range drink driving offence or higher.

The notice to appear notifies you which magistrates court to attend and when. It will state what the charges are and the time and place of the offence. This is a good time to contact a lawyer to get advice.

If you are caught driving during the police-imposed suspension period, you will face further disqualifications and lose any chance of getting a work licence.

The police will be required to produce an initial document known as a “QP9”. The QP9 will contain what the offence or offences are and what section of the law they fall under. The document will also contain a summary of the facts (which is often inaccurate) constituting the conduct in respect to the offence or offences, and your traffic history (if any).

What Happens at Court?

You will need to attend court to advise the Court of what you wish to do with your charges. You can plead guilty, request an adjournment to negotiate with the prosecution, or plead not guilty. While you can do any of these things yourself, it is generally advisable to get legal representation; the legal system can be complicated and getting experts on your side will make the process a whole lot easier.

Whatever you decide to do, if you are ‘unrepresented’ you may be waiting at court for quite some time. People with legal representatives will get to go first and the order after that is really up to the prosecutor.

If you decide to plead guilty, then there are consequences which flow from that; how long will your disqualification be? Will a conviction be recorded? If you are fined, how much of a fine should you expect? What does the Court take into account when deciding these things? A solicitor can answer these questions.

If you want to negotiate with the prosecution, again, this is usually best done with a solicitor. We know the prosecution’s guidelines and what arguments have worked in the past. It is often worth a try with certain offences, as we have had success in the past getting offences downgraded to less serious versions with lower mandatory disqualifications. We may even be able to get a response before the first court date so you don’t have to go to court for a second time.

Pleading not guilty is always your right, but most traffic offences can be difficult to contest. This is not to say it can’t be done, but it is best to seek advice beforehand.

Conclusion

The foregoing was a brief summary of what happens after you have been charged with a traffic offence. The process can be daunting, especially for people who have not interacted with police or the court system before. While it may be tempting to go it alone, we are confident, through representing thousands of clients, that our guidance will lower the stress of the situation and get you the best result possible.

If you’ve only just been arrested, start with what to do next after arrest, then read what happens at your first court date.

For advice about your own situation, speak with our traffic law lawyers — call 1300 952 255, 7am–7pm, 7 days.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our traffic law page.

What is a QP9 and Why is it Important to Your Charge?

Steven Brough — Mon, 17 Aug 2026 09:31:57 +0000

A QP9 (Queensland Police Form 9 or police court brief) is a document prepared by the Police Prosecutions unit when someone is charged with an offence. The QP9 lists the exact charge with a brief description of the facts which the Police are alleging against you as well as attaching any criminal or traffic history. Depending on what Court your matter is to be heard in, and how busy the Police are, the document will be provided prior to your Court date or at Court.

It is essential to carefully go over the QP9 prior to entering a plea before the Court, as you are not only pleading guilty to the charge but also to all the facts and circumstances surrounding the charge that the Police allege in the QP9, this may include the way you acted towards the Police, things that you said or admitted or information recorded by the Police that you may believe is incorrect or inaccurate. This should be remembered when being charged as harsher penalties or less leniency can apply if the document states that you were rude, unruly, unhelpful etc. Also being aggressive when being charged can easily result in a further charge of resisting arrest or obstructing or assaulting police.

Obtaining the QP9 or having a Lawyer obtain the document for you and having a thorough look over the QP9 before you enter your plea is essential so that if there is any discrepancies they are looked into.

In Court the Police will read out the charge and a brief rundown of their version of events from the QP9. It is then that your Lawyer, or yourself if you are self-represented, can have your say to the Magistrate. If there are significant factors from the QP9 in which you disagree with it may be possible to draft submissions and put them forward to the Police Prosecutions asking them to reconsider the charge or amend what is written in the QP9. A Lawyer can advise you as to the possibility of making submissions and if what the likely chances of the Prosecutor accepting them would be.

Some examples of our success in getting the Police Prosecutions to lower or dismiss charges are:

Our client was charged with dangerous driving whist effected by alcohol and drink driving. A person cannot be charged with both offences, only one or the other. We addressed this with the Police Prosecutions and the result was the charge of drink driving was withdrawn.
Our client was charged with unlicenced driving. At the time that the letter had come from Queensland Transport telling our client his licence was suspended our client had been suffering an extremely traumatic string of events. On these grounds we were able to convince the Police to withdraw the unlicenced driving charge.
Our client was charged with driving under the influence of drugs, being the higher of the two drug driving charges. Upon receiving the drug analysis certificate and after going over the QP9 document we were able to have the Police agree to downgrade the charge to driving with a relevant drug in the client’s system.

In more serious matters it is possible to request a full brief of evidence. This document is like a QP9 but much more detailed and will include any witness statements, CCTV or audio footage. Where applicable it is also possible to request any Police body camera or police vehicle camera footage that may be available.

Needless to say engaging a Lawyer to represent you ensures that all avenues are explored to ensure all aspects are covered and you ultimately receive the absolute best outcome possible.

Here at Clarity Law we appear in the Courts with clients all over South East Queensland. It is this experience that allows us to get the absolute best result for clients. Other law firms simply don’t have the experience that we do and don’t know the Magistrates like we do. We also offer the most competitive prices for representation in Queensland click here to see what we will charge. If you want to engage us or just need further information or advice then Call us on 1300 952 255 seven days a week, 7am to 7pm.

Disclaimer:

The information provided is for informational use only, and are in no way intended to constitute legal advice or to create a lawyer-client relationship, and you should not act or rely upon any information appearing in this article without seeking the advice of a lawyer. Moreover, because the law is constantly changing, the information appearing in this article are not guaranteed to be correct, complete, or up-to-date. Steven and Clarity law only undertake matters in Queensland.

Clarity Law’s liability limited by a scheme approved under professional standards legislation.

Your QP9 is usually the first document you’ll see at your first mention — read what happens at your first court date so you know what to expect on the day.

For advice about your own situation, speak with our traffic law lawyers — call 1300 952 255, 7am–7pm, 7 days.

Dangerous Driving Causing Death or GBH

Steven Brough — Mon, 17 Aug 2026 07:42:05 +0000

The charge of dangerous driving causing death or grievous bodily harm (“GBH”) is a serious offence in Queensland, carrying a maximum penalty of 14 years imprisonment. Tragically often the tiniest mistake by a driver can lead to a person suffering death or grievous bodily harm and the driver who often has never broken the law before forced to navigate the court system.

If you or someone you know has been charged with this offence, it is crucial to understand the legal implications and seek legal representation immediately.

The purpose of this article is to give some information to a person faced with a charge of dangerous driving causing death or grievous bodily harm.

What constitutes dangerous driving causing death or GBH?

Dangerous driving causing death occurs when a person operates a vehicle in a manner that creates a risk of serious harm or death to others, and this driving directly results in the death or GBH of another person. This can include actions such as:

Excessive speeding
Driving under the influence of alcohol or drugs
Fatigued driving
Distracted driving
Ignoring traffic signals and road rules
Street racing

“Grievous bodily harm” includes serious injuries or disfigurement resulting from an accident. It includes the loss of a distinct part or organ of the body or serious disfigurement or any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life or cause or be likely to cause permanent injury to health

It is immaterial whether or not medical treatment is or could have been available to the injured person.

Aggravating factors

Certain factors can increase the seriousness of the charge and the potential penalty, including:

Being under the influence of alcohol or drugs at the time of the offence
Exceeding the speed limit by a significant margin
Engaging in reckless driving behaviour such as weaving in and out of traffic or ignoring road closures
Having a prior history of dangerous driving offences

The arrest process and the right to silence

Most often, individuals are arrested for dangerous driving after an accident or a complaint from another motorist. It is crucial to note that one has the right to remain silent and is not obliged to answer police questions.

The legal process

If you are charged with dangerous driving causing death, you will be required to appear in court.

Section 328A of the Criminal Code sets out the penalty.

The prosecutor must prove beyond a reasonable doubt that;

you were driving a motor vehicle, or you interfered with someone who was; and
your driving, or interference, was dangerous; and
as a result of your driving or interference, another person was killed or suffered grievous bodily harm.

The term “operates a motor vehicle dangerously” involves operating a vehicle at a speed or in a manner dangerous to the public, considering various factors such as the;

the nature, condition and use of the place; and
the vehicle’s condition; and
The number of people or vehicles that might be expected in the place; and
the presence of alcohol or other substances in the driver’s body, among others.

“Dangerously” is to be given its ordinary meaning of something that presents a real risk of injury or damage. The ordinary meaning of ‘dangerous’ when applied to driving, a manner or speed of driving which gives rise to a risk to others, including motorists, cyclists, pedestrians and the driver’s own passengers.

It is not necessary for the prosecution to prove that the dangerous operation of the motor vehicle was the sole cause of the deceased’s death or complainant’s grievous bodily harm. It is sufficient for it to show that the dangerous driving was a substantial or significant cause of that result.

Who prosecutes the charges?

The Office of the Director of Public Prosecutions will prosecute the matter but will rely on the Queensland Police Service to investigate the matter and obtain the evidence.

Penalties for dangerous driving causing death or GBH

The potential penalties for dangerous driving causing death can be severe, including:

Imprisonment
Disqualification from driving for a significant period
Large fines
Community service orders

Factors considered in determining penalties

Courts consider factors such as the maximum penalty, the nature and seriousness of harm, the offender’s history, age, character, and rehabilitation efforts.

Defences

There are a few potential defences to the charge of dangerous driving causing death, such as:

the absence of dangerous driving
necessity due to an emergency
being wrongly identified as the driver
defects in the vehicle
sudden medical conditions
extraordinary emergencies.

It is important to understand that the expression “operates a vehicle dangerously” in general does not require any given state of mind on the part of the driver as an essential element of the offence. A motorist may believe he or she is driving carefully yet be guilty of operating a vehicle dangerously.

A lawyer would be required to properly advise as to what defences might be available. If you plead not guilty to the charge of dangerous operation of a motor vehicle driving causing death or grievous bodily harm because you have a defence then the matter will go to a trial before a jury.

Check out our dedicated page of Dangerous Driving Defences in Queensland.

Importance of legal representation

Navigating the legal system after being charged with dangerous driving causing death or GBH can be complex and overwhelming. It is crucial to seek legal representation from a qualified criminal lawyer who has experience with this type of offence.

A lawyer can:

Advise you of your rights and legal options
Obtain and review evidence
Prepare your defence or guilty plea
Represent you in court
Negotiate with the prosecution on your behalf
Ensure you receive the best possible outcome

Never speak to police about any allegation of driving dangerous until you have first spoken to a lawyer. You have the right to silence when it comes to criminal charges.

Possibility of prison sentence

It all depends on what happened, whether alcohol or drugs were involved and the extent of the injuries to the victim. In most cases you can expect a prison sentence if you plead guilty or are found guilty after a trial for a charge of dangerous driving causing death or grievous bodily harm.

Can the charge be withdrawn?

Depending on the circumstances it may be possible to negotiate the charge with the prosecutor. This is called case conferencing. For example it might be possible to try and convince the prosecutor that the offending was only careless and not dangerous and that the charge should be withdrawn or perhaps reduced to careless driving.

Read more about careless driving causing death or GBH.

What court hears the matter?

The charge will start in the Magistrates court closest to where the accident occurred but will eventually need to be transferred to the District court to be finalised.

How long will the charge take to resolve?

It all depends on whether you are pleading guilty or not guilty. Typically for a guilty plea in the Brisbane Court it might take 9-12 months from the arrest to when it is finalised in the Brisbane District Court.

How long will the licence disqualification be for?

The disqualification period must be at least 6 months but depending on the circumstance of the charge and the traffic history perhaps much longer. It is not possible to obtain a work licence or hardship licence to allow you to drive during the disqualification.

What type of accidents can result in a dangerous driving charge?

A charge for dangerous driving often results from split second errors in judgement. We have in the past acted for people who have been charged with dangerous driving for;

Failing to see a motorcycle before entering an intersection
Being temporarily distracted causing the car to run off the road into the other lane of traffic
Falling asleep at the wheel resulting in a collision with a power pole and serious injuries to the passenger in the car
Turning too sharply on a dirt road causing the vehicle to roll and cause injury to a passenger in the vehicle
Driving at excessive speed

In most cases if no person had been injured the driver may only have faced a careless driving charge.

Dangerous driving vs. dangerous operation of a motor vehicle

Both terms are synonymous and refer to the same offence.

Is this a traffic matter or criminal charge?

It is a criminal charge and if a conviction is recorded it will go on your criminal history.

Possibility of criminal conviction

A criminal conviction is very possible, and its impact on travel, employment, and insurance costs should be considered. Only an experienced traffic lawyer can advise on whether a conviction will likely be recorded or not.

Difference Between Careless Driving and Dangerous Driving

Dangerous driving is a more serious charge, considering factors like speed, the nature of the accident location, and the potential risk to others. The must be some act that is dangerous to other people.

Young offenders and charges

Special rules apply when sentencing a youth (under 18yrs old) charged with dangerous driving, with the Children’s Court operating under the Youth Justice Act 1992.

Seeking legal help

If you have been charged with dangerous driving causing death in Queensland, it is important to seek legal advice as soon as possible. Contact a reputable criminal lawyer today to discuss your case and learn more about your legal options.

What should I do if charged or accused of dangerous driving causing death or GBH?

If I contacted you what would occur?

If you contact us then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email. They have 45 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with thousands of courts appearances between them.

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

We have been operating since 2010 throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Should I Plead Guilty to a Drink Driving Charge?

Steven Brough — Mon, 20 Jul 2026 10:53:00 +0000

This is one of the first questions people ask us, and the honest answer is: it depends entirely on the facts of your case, and the decision is yours to make. No one can properly answer it for you without reading your charge and the evidence. This page explains what each path involves so you can make an informed decision.

The decision is yours

You have the right to plead guilty or not guilty. A lawyer’s job is to explain your options and the likely consequences of each — not to make the choice for you or pressure you either way. Whatever you decide, you’re entitled to advice first.

What an early guilty plea can mean

If you accept that you committed the offence, pleading guilty — and doing so early — is something the court takes into account at sentence. An early plea is generally treated as a sign of taking responsibility, and courts routinely give it weight when deciding the penalty. It also means your matter is usually finished sooner, rather than being adjourned for a hearing.

Pleading guilty doesn’t mean simply accepting whatever penalty is proposed. There’s still a great deal to be done: presenting your circumstances, your traffic history, any steps you’ve taken (such as a traffic offender program), and arguing for the penalty and disqualification to sit at the appropriate end of the range. That work is where representation makes a practical difference.

When a not guilty plea may be appropriate

Sometimes there are genuine reasons to plead not guilty. These are fact-specific and are not available in most cases — but they do arise, and you shouldn’t dismiss them without advice. They can include:

Whether you were actually driving or in charge of the vehicle.
Identification — whether the police have correctly identified you as the driver.
Whether the breath or blood testing and the surrounding procedure were carried out correctly is a very complex area — whether anything in it affects your case can only properly be assessed by a lawyer reading your QP9 and the evidence.

Whether any of these applies to you can only be assessed by someone reading the QP9 (the police summary) and the evidence. Here’s what a QP9 is and why it matters. Every case turns on its own facts.

What happens on each path

If you plead guilty: your matter can often be dealt with on the first date, or shortly after once your material is prepared. You’re sentenced, and you leave knowing your disqualification and any fine. Here’s what happens at your first court date.
If you plead not guilty: the matter is adjourned, the prosecution provides its brief of evidence, and the case proceeds towards a hearing where the evidence is tested. This takes longer and involves more steps.

How to decide

The right plea depends on what actually happened, what the evidence shows, and your own circumstances. Before you decide, it’s worth having someone read your QP9 and give you a straight assessment of both options. That’s a conversation, not a commitment.

One thing to consider at the same time: if you are eligible for a work licence — available for low or mid range drink driving, or driving with a relevant drug present — the application must be made before you are sentenced. That means the plea decision and the work licence question need to be considered together, not one after the other. If you’re not sure which application applies to you, see work licence vs special hardship order.

Talk it through first

Call us on 1300 952 255, 7am–7pm, seven days. We’ll read your charge, explain both paths honestly, and let you make the decision that’s right for you. We run drink driving matters on a fixed fee of $2,750. See our drink driving page for more.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your
exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our drink driving page.

Work Licence vs Special Hardship Order — Which One Applies to You?

Steven Brough — Mon, 20 Jul 2026 07:42:00 +0000

If you’ve lost your licence, or you’re about to, the first question is usually: can I get some kind of licence to keep driving? In Queensland there are two very different options — a work licence and a special hardship order — and which one applies depends entirely on why you’re losing your licence. Here’s the difference in plain English.

The short version

A work licence applies when you are being sentenced in court for a drink driving or drug driving offence and need to keep driving for work.
A special hardship order (SHO) applies when your licence has been suspended for accumulating too many demerit points, or for a high speed offence, and you need relief from that suspension.

They’re not interchangeable — you apply for one or the other depending on your situation, not whichever you’d prefer. You may also hear the older informal term “limited licence” — people still use it loosely for both of these.

Work licence — for a drink or drug driving charge

A work licence lets you keep driving for work purposes only while you’re disqualified after pleading guilty to a drink or drug driving charge.

Who can apply: people charged with low or mid range drink driving, or driving with a relevant drug present, who held an open Queensland licence and meet the eligibility criteria.
You cannot apply if you held a learner or provisional licence — you must have held an open licence.
You cannot apply if your licence has been suspended, cancelled or disqualified at any time in the past 5 years. The one exception is a SPER suspension where you were not caught driving on it.
Driving for work at the time of the offence does not automatically rule you out — in some cases you can still apply, so check your situation with a lawyer for an accurate answer.
High range drink driving (0.15 or over): a work licence is never available.

When to apply: it must be applied for before you are sentenced — once you’re sentenced, the opportunity is gone. Getting the application right matters: it’s supported by a detailed affidavit. Here’s what goes into a work licence affidavit.

Special hardship order — for a demerit point or high speed suspension

An SHO lets you keep driving where losing your licence would cause extreme hardship to you or your family, or severe and unusual hardship.

Who can apply: a special hardship order is available only where your licence has been suspended for accumulating demerit points while on a good driving behaviour period, or for a high speed offence (more than 40 km/h over the limit).
When to apply: within the timeframe after your suspension notice — there are strict time limits.
Like a work licence, it’s supported by an affidavit setting out your circumstances and why you need to drive.

Side by side

Work licence

Special hardship order

Applies when

Sentenced for a drink/drug driving offence

Licence suspended for demerit points or a high speed offence

Main eligibility

Low/mid range drink driving or relevant-drug charge; open licence held

Demerit-point or high-speed suspension

Never available for

High range drink driving (0.15+)

—

When to apply

What it allows

Driving for work purposes, with conditions

Our fixed fee

$2,990

Which one is you?

If you’re facing a drink or drug driving charge in court, you’re looking at a work licence. If your licence has been suspended for demerit points or a high speed offence, you’re looking at a special hardship order. If you’re not sure which applies — or whether you’re eligible at all — that’s exactly what a quick call sorts out.

Talk to us

Both applications run on a fixed fee of $2,990, quoted before you commit. Call 1300 952 255, 7am–7pm, seven days, and we’ll tell you which one applies to you and whether you qualify.

High Range Drink Driving in Queensland — What to Expect

Steven Brough — Mon, 20 Jul 2026 07:42:00 +0000

If you’ve been charged with high range drink driving, you’re probably reading this late at night, worried about your licence, your job and what happens in court. Take a breath. This page walks you through exactly what a high range charge means in Queensland and what to expect — in plain language.

What “high range” means

High range drink driving is a blood or breath alcohol reading of 0.15 or more. In Queensland it’s charged as driving under the influence of liquor (UIL). It’s the most serious of the drink driving ranges, and it’s dealt with in the Magistrates Court.

The one thing people get wrong: there is no work licence for high range

This is the single most important thing to know, so we’ll say it plainly and early: if you are charged with high range drink driving, you cannot apply for a work licence. A work licence is available for low and mid range drink driving charges, and for driving with a relevant drug present, subject to eligibility — but it is never available for a reading of 0.15 or over. If someone has told you that you can keep driving for work on a high range charge, that is not correct under current Queensland law. (You may also hear the older informal term “limited licence” — that’s just a common name people use for work licences and special hardship orders, and neither is available for high range.)

Because there is no work licence, the length of your disqualification is the main thing that matters — and it’s where careful preparation makes the biggest difference.

The penalties

For a first high range offence:

Disqualification: a minimum of 6 months, with no upper limit. Where the reading is very high, or there was an accident or other aggravating features, disqualifications are typically longer.

Maximum fine: 28 penalty units (currently $4,835.60).

The court can also impose imprisonment in the most serious cases, though for a first offence a fine and disqualification are the usual outcome. Read more about when imprisonment is a risk.

What happens between being charged and going to court

On a high range charge your licence is suspended immediately, and remains suspended until your court date — you cannot drive at all in the meantime. You’ll be given a notice to appear with a court date. Because you can’t drive while you wait, it’s important to get advice quickly and to start preparing. There are practical things you can do before court that the magistrate looks on favourably — and a lawyer will tell you exactly what they are. Here’s what happens at your first court date.

What the court looks at

When deciding your disqualification and fine, the magistrate considers your reading, your traffic history, the circumstances of the offence, and your personal situation — your work, your family, and steps you’ve taken since (such as a traffic offender program). Presenting these well is what a lawyer does on the day.

The interlock afterwards

After your disqualification ends, you’ll be required to drive with an alcohol ignition interlock fitted to your vehicle for a set period before you can return to an ordinary licence Here’s how interlocks work.

What a traffic lawyer actually does

On a high range matter, a lawyer reviews the charge and your traffic history, advises you on what to prepare, deals with the police prosecutor, and speaks for you in court — putting your circumstances to the magistrate so the disqualification and fine sit at the appropriate end of the range. We run high range matters on a fixed fee of $2,750, quoted before you commit. See our high range drink driving page for detail.

You don’t have to work this out alone

If you’re facing a high range charge, call us on 1300 952 255, 7am–7pm, seven days. We’ll tell you honestly what to expect for your reading and circumstances.

Careless Driving Causing Death or Grievous Bodily Harm

Steven Brough — Sun, 19 Jul 2026 12:17:00 +0000

Background

Section 83 of the Transport Operations (Road Use Management) Act 1995, creates the offence of driving without due care and attention or without reasonable consideration of other persons using the road or place. This is commonly referred to as “careless driving”.

In 2018, the Queensland Government amended section 83 to create additional, harsher punishments for careless driving causing death or grievous bodily harm. This amendment was made in response to recommendations made by the State Coroner in the Inquest into the Death of Audrey Ann Dow.

Ms Dow was an 81-year-old woman who died from injuries she suffered after a head-on collision with another car. The other car drifted into Ms Dow’s lane, causing the accident. The driver of the other car had been previously disqualified from driving by the courts and, therefore, should not have been driving at the time of the accident.

The other driver was charged with careless driving. He was fined $4,000 and further disqualified from driving. Shockingly, he was caught driving again just seven weeks after being convicted.

The Coroner found that Queensland’s traffic legislation lacked an “intermediate” offence between careless driving and dangerous driving. The 2018 amendments were designed to address this deficiency.

What is Careless Driving?

To state it briefly, careless driving is any driving that falls below the standard expected of road users. Careless driving can be either deliberate or (as is more often the case) due to momentary inattention or due to distraction. In other words, it does not matter why your driving was substandard, it only matters that it happened. Whether your driving is considered careless depends on all the surrounding circumstances considered objectively. Again, it does not matter whether or not you thought your driving was not carelessYou can also be guilty of this offence even if no accident resulted from your manner of driving. Examples of careless driving include:

A tow-truck driver who was driving while fatigued, fell asleep at the wheel, drifted across the road, woke up, tried to correct the truck back onto the road, hit a guard rail which caused the truck to spin 180 degrees, hit the guard rail on the other side of the road, fell off the road, and landed on the truck’s roof;
A bus driver causing injuries to someone who became pinned between their parked car and the bus while it was pulling into a bus-parking space at Brisbane Airport;
A driver mounting a curb, then a footpath while daydreaming, then colliding with a person riding a bicycle;
A driver turning left into a side street, then performing a U-turn, then turning left again in order to avoid a red traffic light;
A driver who turned left and drove into a group of pedestrians who were crossing the road at the same time. For some reason, the driver thought that the pedestrians would wait on the traffic island until his car cleared the intersection.

Thus, causing avoidable accidents will constitute careless driving, regardless of how the accident occurred. A possible defence to this charge is to prove that the accident was caused by something out of the driver’s control (such as unforeseen mechanical failure, etc).

It is also important to note that the standard expected of competent drivers include being alert to unexpected things occurring (such as other cars speeding, people or animals suddenly walking onto the road, etc). You could be charged with careless driving if you fail to account for the unexpected behaviour of others.

What is Grievous Bodily Harm

The phrase “grievous bodily harm” is defined in Queensland criminal legislation as:

the loss of a distinct part of an organ or body; or
serious disfigurement; or
any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury or death;

An application form (Form F3181) filed with the court and served on the police prosecution unit before your court date.

whether or not treatment is or could have been available.

In simple terms, grievous bodily harm is the infliction of permanent, serious injury on a person. The seriousness of the injury or injuries must be assessed at the time of the accident. Grievous bodily harm can include psychiatric injury; that is, a clinical condition (instead of “mere” fear or distress, etc).

As a matter of law, grievous bodily harm is the most serious form of harm you can do to a person, short of causing death.

Maximum Penalties

There are three, different, maximum penalties for careless driving depending on the circumstances of in which the careless driving occurs.

Firstly, if you are unlicenced, drive carelessly, and cause grievous bodily harm or death to someone else, the maximum penalty is either a fine of 160 penalty units (currently $27,632) or imprisonment for two years. You are also disqualified from driving for six months from the date of conviction.

Secondly, if your licence is valid, drive carelessly, and cause death or grievous bodily harm to someone else, the maximum penalty is either a fine of 80 penalty units (currently $13,816) or imprisonment for 1 year. You are also disqualified from driving for six months from the date of conviction.

Thirdly, if your licence is valid, drive carelessly, but do not cause death or grievous bodily harm to anyone else, the maximum penalty is either a fine of 40 penalty units (currently $6,908) or imprisonment for 1 year. There is no mandatory disqualification from driving. However, the court has a general discretion to disqualify you from driving if you commit any offence which involves the use of a motor vehicle.

Careless driving offences are dealt with in the Magistrates Court.

Given that these offences are so new, there is not (as at the date of writing) a body of comparative case law that guides the courts as to what punishments to impose on offenders in the particular circumstances of their case. Thus, it is currently difficult to predict with any degree of certainty how the courts are likely to deal with your matter.

As a general guide, however, we expect that, if the following circumstances are present in your case, then the court will consider it a serious instance of careless driving:

Another person was killed or suffered serious, permanent injuries; Deliberately careless driving; Being disqualified from driving or unlicenced at the time of the accident; and The traffic conditions at the time of the incident which could have made the accident worse (such as peak-hour traffic, twilight or night-time driving, wet conditions, etc).

In these situations, we would expect that the court will impose hasher penalties than if all or any of those factors were not present. Of course, the court must also consider the general factors that are considered in any sentencing, such as your personal circumstances, traffic history (or lack of), co-operation with authorities, etc.

Conclusion

Careless driving is a serious traffic offence. The penalties for this offence can include imprisonment and loss of licence. The increased severity of these punishments reflects the changing attitudes that Queenslanders (and the Queensland Government) have towards traffic offences, especially traffic offences which cause death or grievous bodily harm to others.

Should you find yourself being charged with this offence, it is important to get legal advice and legal representation as soon as possible. You do not want to face the prospect of a possible prison sentence without legal assistance.

Should I get a drink driving lawyer to represent me for a second drink driving offence?

Some people of course decide just to go to court and throw themselves on the mercy of the court and hope everything turns out fine. The difficulty with this is the court can be harsh, this is a very serious charge and will be treated like that by the courts and the victim. Unless you know what to say and what not to say to the magistrate then you won’t get the best outcome.

Traffic Lawyers aren’t that expensive and you get to have an expert on your side taking care of everything at court and looking out for your rights and best interests.

You can see our fixed prices by clicking here

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255seven days a week, 7am to 7pm
Click hereto select a time for us to call you back
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

For advice about your own situation, speak with our careless driving lawyers — call 1300 952 255, 7am–7pm, 7 days.

Drink Driving Charges for Tradies in Queensland

Steven Brough — Thu, 23 Apr 2026 12:16:00 +0000

You’re a tradie. You rely on your licence every single day — to get to job sites, pick up materials from Bunnings or the supplier, tow a trailer, drive a work ute between jobs. Then one morning you get pulled over on the way to a job and blow over the limit from the night before. Suddenly your entire livelihood is on the line.

This is one of the most common situations we see at our firm. Tradespeople across Queensland — sparkies, chippies, plumbers, concreters, painters, fencing contractors, landscapers — make up a significant portion of our drink driving clients. The reason is simple: tradies often rely heavily on driving for work, and the consequences of losing a licence hit harder and faster than almost any other job.

You held a current Queensland open licence at the time of the offence. Your BAC reading was below 0.150 (that is, low range or mid range only). You were not driving for work at the time you were caught. You have not had a drink driving conviction, licence suspension, or disqualification in the last five years. You have not previously been granted a work licence in the last five years.

You cannot get a work licence if:

Your reading was 0.150 or above (high range / DUI). You held a provisional or learner licence. You were driving a vehicle subject to the zero alcohol limit for work (heavy vehicle, taxi). You refused or failed to provide a breath or blood sample. You have a prior drink driving conviction or suspension within the last five years.

The Tradie-Specific Work Licence Trap

There is an important eligibility rule that catches many tradies off guard: you cannot apply for a work licence if you were driving for work at the time you were charged.

However, there are exceptions. If driving is not the primary component of your job — for example, you are a labourer who drives to a work site, or a fencing contractor who picks up materials to use on site — you may still be eligible. The distinction is between someone whose job is driving (delivery driver, courier, truck driver) versus someone who drives to and for their job (electrician, plumber, carpenter). Most tradies fall into the second category and can still apply.

What a Work Licence Application Requires

A work licence application is not a simple form. You must provide the court with:

A sworn affidavit from yourself covering your personal circumstances, your work duties and the driving they require, your financial situation, and why losing your licence will cause extreme hardship by depriving you of your means of earning a living.

An application form (Form F3181) filed with the court and served on the police prosecution unit before your court date.

The affidavits must be in the correct format, contain all the necessary information, and be properly witnessed. One of the main reasons work licence applications are refused by magistrates is that the affidavits are incomplete or badly prepared. This is an area where having a lawyer prepare them properly is critical.

If the court grants a work licence, the magistrate may also increase the disqualification period — potentially up to double what it would have been without the work licence. Skilled legal submissions can significantly reduce this uplift.

Self-Employed Tradies

If you are a sole trader or run your own business, you still need to demonstrate to the court that losing your licence will cause extreme hardship. You will need to show your business structure, income, expenses, and explain in detail what driving is required for your work. Sole traders do not need an employer affidavit but the personal affidavit needs to be especially thorough.

Alcohol Interlocks — What Happens When You Get Your Licence Back

Once your disqualification period ends, you may need to have an alcohol interlock device fitted to your vehicle before you can drive again. An interlock is a breathalyser wired into your ignition — you must blow into it and return a zero reading before the vehicle will start.

Your reading was mid range (0.100 to 0.149) or high range (0.150 and above). This is your second or subsequent drink driving conviction within 5 years.

The interlock requirement is a Queensland Transport licensing condition, not a court order. The court has no discretion to exempt you from it.

What Interlocks Mean for Tradies

For tradies, the interlock creates practical complications. The device must be fitted to any vehicle you drive. If you drive a work ute or company vehicle, the interlock needs to go in that vehicle. If you share a work vehicle with colleagues, this becomes a logistical issue you need to discuss with your employer.

The interlock also requires regular servicing appointments. You need to take the vehicle to an approved interlock provider at set intervals during the 12-month period.

Yes. In Queensland, a period of disqualification is mandatory for all drink driving convictions. Even a first-time low range offence carries a minimum 1-month disqualification. However, if you are eligible, a work licence may allow you to keep driving for work purposes during that period.

I'm a subcontractor — can I still get a work licence?

Yes. Work licences are available to both employed and self-employed people. As a subcontractor, you will need to provide a thorough affidavit explaining your business, the driving required, and the financial impact of losing your licence. You do not need an employer affidavit, but your own affidavit needs to be especially detailed.

I drive a company vehicle — what happens with the interlock?

If you are required to have an interlock fitted, it must be installed in any vehicle you drive. You will need to discuss this with your employer. The interlock is a Queensland Transport licensing condition and cannot be avoided for employment reasons.

Can I get a work licence for a high range reading?

No. If your BAC was 0.150 or above, you cannot apply for a work licence in Queensland. This is one of the most devastating consequences for tradies — a high range reading means you will be off the road entirely for your full disqualification period with no ability to drive for work.

I got caught on the way to a job site at 6am — was I driving for work?

This depends on the specific circumstances. Driving to a job site is generally considered commuting, not driving for work in the legal sense. The restriction on work licence eligibility applies to people whose job is primarily driving — like truck drivers or couriers — not tradespeople who happen to be travelling to a work site. Your lawyer can advise on your specific situation.

How much does a drink driving lawyer cost?

At Driving Law, we charge a fixed fee quoted upfront. For a first-time drink driving guilty plea the fee is $2,750. A work licence application (which includes the guilty plea) is $2,990. See our full pricing page for details.

Talk to Us

If you are a tradie charged with drink driving in Queensland, the most important thing you can do is get advice before your court date. We handle drink driving matters in every court in South East Queensland — from Southport to Hervey Bay, Brisbane to Ipswich, Caboolture to Maroochydore, and every court in between.

Since 2010 we have helped thousands of Queenslanders through drink driving charges. We handle everything — we’ll prepare your work licence affidavits, represent you in court, and make the submissions that give you the best chance of keeping your livelihood.

Call us on 1300 952 255 — 7am to 7pm, 7 days a week. Or request a free callback and we will get back to you at a time that suits. You can also book a free 15-minute phone conference directly.

This article is general information only and not legal advice. It is written subject to our disclaimer. Liability limited by a scheme approved under professional standards legislation.

For advice about your own situation, speak with our drink driving lawyers — call 1300 952 255, 7am–7pm, 7 days.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your
exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our drink driving page.

Navigating Drink Driving Charges in Queensland’s Children’s Court

Steven Brough — Wed, 17 Jul 2024 07:27:00 +0000

drink driving Understanding charges in the Children’s Court in Queensland can be daunting for parents and children alike. This guide will shed light on the legal framework, steps to take after a charge, and how to best support your child through this challenging time.

An Introduction to Drink Driving Charges

Being charged with drink driving is a serious matter, especially for minors. In Queensland, the Children’s Court handles cases involving individuals under 18. It’s crucial to understand the implications of these charges and the potential impact on your child’s future.

Drink driving charges can lead to significant consequences, including licence disqualification and fines. For parents, this situation can be stressful and overwhelming. However, with the right information and support, you can help guide your child through the legal process and work towards a positive outcome.

This guide aims to provide a comprehensive overview of the legal framework surrounding drink driving charges for minors, the steps to take after a charge, and how to avoid licence disqualification.

Legal Framework for Drink Driving Charges

Understanding the Laws

In Queensland, the laws related to drink driving are stringent, especially for minors. The legal blood alcohol concentration (BAC) limit for drivers under 18 is zero. This means that any detectable amount of alcohol in a minor’s system while driving will result in a charge of drink driving.

Penalties for Minors

The penalties for drink driving vary based on

The severity of the offence
Whether the individual has prior convictions
The BAC reading
Whether any person was injured
Whether any property was damaged

Common penalties include fines, community service, and licence disqualification.

The Children's Court

The Children’s Court in Queensland deals with cases involving minors. Under the Youth Justice Act, minors found guilty of drink driving offences face similar penalties to adults, including licence disqualification. However, the court recognizes the need to treat minors differently and offers alternative measures to help rehabilitate them.

Steps to Take After a Drink Driving Charge

Immediate Actions

If your child has been charged with drink driving, it’s essential to act quickly. The first step is to seek legal advice from a qualified lawyer experienced in handling cases involving minors. They can provide guidance on the best course of action and help protect your child’s rights.

Legal Representation

Having a lawyer represent your child in court is crucial. A skilled lawyer can negotiate with the prosecution, present evidence in your child’s favour, and work towards a reduced sentence or alternative measures such as restorative justice.

Support Options

In addition to legal representation, it’s important to provide emotional support for your child. Facing a drink driving charge can be a distressing experience, and having a supportive family can make a significant difference. Encourage open communication and seek professional counselling if needed.

Understanding Licence Disqualifications

Mandatory and Discretionary Disqualifications

In Queensland, certain offences attract mandatory licence disqualifications, while others allow for judicial discretion. For example, high-range drink driving results in a mandatory disqualification, while careless driving may not.

Youth Justice Act and Disqualifications

Under the Youth Justice Act, minors found guilty of offences that would result in disqualification if committed by an adult must also face disqualification. However, there are ways to potentially avoid this outcome.

Ways to Avoid Licence Disqualification

Police Caution

If the police caution a minor for an offence that could lead to disqualification, no disqualification will be imposed. This measure is often applied for first-time offenders or less severe cases.

Restorative Justice

Restorative justice is an alternative approach that focuses on repairing the harm caused by the offence. It involves a meeting between the offender and the victims to discuss the impact of the crime and agree on steps to make amends. If a minor is referred to restorative justice, they can avoid licence disqualification.

Magistrate Referral

A magistrate can refer a minor to restorative justice even if the police did not. This can help avoid licence disqualification and focus on rehabilitation.

The Role of Restorative Justice

A Transformative Approach

Restorative justice offers a way to address the consequences of the offence while promoting rehabilitation. It helps minors understand the impact of their actions and encourages them to take responsibility.

Benefits of Restorative Justice

Restorative justice can lead to better outcomes for minors by focusing on healing and making amends. It also reduces the likelihood of reoffending and helps integrate the offender back into the community.

Case Example

Consider a case where a minor charged with dangerous driving and drink driving faced a potential nine-month licence disqualification. With skilled legal representation, the magistrate referred the case to restorative justice, avoiding disqualification and allowing the minor to retain their job.

How Clarity Law Can Help

Expert Legal Advice

At Clarity Law, we are experts in handling cases involving minors and traffic offences. Our team has extensive knowledge of the Youth Justice Act and can provide expert legal advice tailored to your child’s situation.

Successful Outcomes

We have a track record of achieving positive outcomes for our clients. Our intimate knowledge of the legislation and cases around children’s court disqualifications enables us to effectively advocate for alternative measures like restorative justice. Its important to note that many young people need to drive for work or school.

The children’s court cannot issue a work licence so there will be at least a 3 month licence disqualification unless the court is persuaded to order restorative justice or other alternative sentencing regime.

Personalized Support

We understand the unique challenges faced by minors charged with drink driving offences. Our compassionate approach ensures that your child receives the support they need throughout the legal process.

Conclusion

Navigating drink driving charges in the Children’s Court in Queensland can be challenging, but with the right information and support, you can help your child achieve a positive outcome. Understanding the legal framework, taking immediate action, and exploring alternatives like restorative justice are key steps in this process.

At Clarity Law, we are committed to providing expert legal representation and personalized support for minors facing drink driving charges. Contact us today to learn more about how we can help your child.

Next Steps

If your child is facing a drink driving charge, don’t wait. Reach out to Clarity Law for expert legal advice and support. We are here to help you every step of the way

Contact Us

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. Click here to select a time for us to have a free 15 minute telephone conference with you
4. Email steven@claritylaw.com.au
5. Send us a message on Facebook Messenger

Penalties for Drink and Drug Driving Charges in Queensland

Steven Brough — Wed, 10 Jul 2024 05:57:00 +0000

From 1 December 2026: Queensland introduces a combined drink and drug driving offence with its own penalties. If your offence date is on or after 1 December 2026, call us on 1300 952 255 to check how the change affects your matter.

Drink-driving charges must be dealt with in the Magistrates Court. If you are charged with a drink-driving offence, you will get a Notice to Appear (which lists the charge and the date you must attend court). You also receive a certificate stating either the concentration of alcohol detected in your blood or saliva, or what drug(s) was found in your system. Lastly, you will receive a notice from police advising you that your drivers licence is suspended: either for 24 hours or until your matter is finalised at court.

Below, we discuss the consequences of being charged with, and being convicted of, a drink-driving, or drug-driving charge.

24-Hour or Immediate Drivers Licence Suspension

If you have been charged with a low-range, drink-driving charge (0.05 – 0.99% blood-alcohol concentration), your drivers licence will be suspended for 24 hours from the time you are charged. You will be given a Notice of Suspension from the police, which will tell you exactly when this period of suspension starts, and when this suspension ends.

If you are charged with either mid-range drink driving (0.1 – 0.149% blood-alcohol concentration) or high-range drink driving (0.15% blood-alcohol concentration or higher), your drivers licence is suspended immediately and the suspension remains in place until your matter is finalised in court. This period of suspension remains in place even if you adjourn your matter or plead not guilty to the charge and go to trial. Furthermore, this period of suspension only counts to the final licence disqualification if the magistrate determines that you ought to be disqualified from driving for a period longer than the minimum period set out in the legislation (and discussed below). In other words, the magistrate cannot subtract the period of licence suspension from the mandatory minimum.

However, if there is a risk that you will lose your employment (or your business, if you are self-employed), then you may apply for a temporary, restricted drivers licence while your matter is being heard in court. These temporary drivers licences are similar to a “work licence”, operate in a similar way, and have similar criteria that you must satisfy in order to get one. The main difference with these temporary drivers licences and a work licence is that (a) you must apply for them within 21 days from the date your drivers licence was suspended and (b) they expire once your matter has been finalised by the court.

In practical terms, these applications are best made if (a) you are going to plead not guilty to the drink-driving charge and go to trial, or (b) your matter will otherwise remain in court for a long period of time (because you want to negotiate with the police prosecutor, etc).

Pleading Guilty to Drink-Driving Charges

If you plead guilty to a drink-driving charge, the only task for the court is to impose penalties. In summary, drink-driving offences require the court to impose both the “standard” criminal penalties (fines, probation, imprisonment, etc) and a period of disqualification from driving. Queensland’s traffic legislation sets out a series of mandatory maximum criminal punishments and a set of mandatory periods of disqualification from driving. The criteria for what sort of punishment and disqualification from driving are twofold: firstly, the nature of the offence (low-range, mid-range, or high-range drink driving) and secondly, whether or not you have committed certain offences in the previous 5 years. For convenience, the following table sets out the constellation of maximum punishments and range of licence disqualifications as prescribed by law:

Driving under the Influence of Liquor or Drugs

Any Previous Convictions in the Last 5 years?

Maximum Penalty

No previous convictions

Fine of $4,334.00 or 9 months’ imprisonment.

6 months – permanent disqualification.

One previous conviction for either high-range drink driving or dangerous operation of a motor vehicle.

Fine of $9,288.00 or 18 months’ imprisonment.

1 year – permanent disqualification.

More than one previous convictions for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle

Mandatory imprisonment (however imposed).

2 years – permanent disqualification.

One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.

Fine of $4,644.00 or 1 year’s imprisonment.

9 months – permanent disqualification.

More than one previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.

Fine of $9,288.00 or 18 months’ imprisonment.

1 year – permanent disqualification.

Mid-Range Drink Driving

Any Previous Convictions in the Last 5 years?

Maximum Penalty

Range of Licence Disqualification

No previous convictions

Fine of $3,096.00 or 6 months’ imprisonment.

3 months – 12 months.

One previous conviction for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle

Fine of $4,644.00 or 1 year’s imprisonment.

9 months – permanent disqualification.

One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.

Fine of $3,096.00 or 6 months’ imprisonment.

3 months – 18 months.

Two previous convictions for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.

Fine of $4,334.00 or 9 months’ imprisonment.

6 months – permanent disqualification.

One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving and one previous conviction for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle.

Fine of $9,288.00 or 18 months’ imprisonment.

1 year – permanent disqualification.

Low-Range Drink Driving

Any Previous Convictions in the Last 5 years?

Maximum Penalty

Range of Licence Disqualification

No previous convictions

Fine of $3,096.00 or 6 months’ imprisonment.

1 month – 9 months

or

3 months – 9 months for learner, provisional or probationary drivers licences.

One previous conviction for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle

Fine of $4,644.00 or 1 year’s imprisonment.

9 months – permanent disqualification.

One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.

Fine of $3,096.00 or 6 months’ imprisonment.

3 months – 18 months.

Two previous convictions for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.

Fine of $4,334.00 or 9 months’ imprisonment.

6 months – permanent disqualification.

Fine of $9,288.00 or 18 months’ imprisonment.

1 year – permanent disqualification.

Driving with a Relevant Drug Present in the Saliva or Blood*

*Penalties are the same as low-range drink driving.

Zero-Alcohol Drink Driving (eg P Platers or unlicenced)*

*Penalties are the same as low-range drink driving but the minimum disqualification starts at 3 months

Please note that this table does not include driver licence disqualifications for other offences (such as dangerous operation of a motor vehicle, marine-related drink-driving offences, etc). It also does not include driver licence disqualification periods if you apply for a work licence (as these periods may double if a work licence is granted).

Please also note that the reference to fines or imprisonment can also include community-based orders such as probation and community service orders. These types of penalty sit between fines and imprisonment in the hierarchy of punishments.

When the court decides the period of disqualification from driving, it must take into account:

The blood-alcohol concentration or presence of a relevant drug; and
The danger to the public (real or potential) that the circumstances of each case presented.

These penalties (including disqualification from driving) are imposed as a the date of conviction (ie, from the date you either plead guilty or are found guilty). As already mentioned, any period of drivers licence suspension you served prior to conviction can only be taken into account if the court considers that you ought to receive a period of licence disqualification longer than the legislated minimum.

Conclusion

As you can see, the legislative scheme for dealing with drink-driving charges is complex and can be confusing. The penalties for drink-driving can also be severe. That is why it is important to get expert legal advice before facing court.

Contact Us

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving.

You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.

For advice about your own situation, speak with our drink driving lawyers — call 1300 952 255, 7am–7pm, 7 days.

Imprisonment for Drink Driving in Queensland

Steven Brough — Fri, 24 May 2024 11:01:00 +0000

Navigating the legal landscape after a drink driving charge can be daunting, with the consequences in Queensland being particularly severe. As a law firm dedicated to providing expert legal advice and support, Clarity Law is here to offer a comprehensive guide on what you need to know about imprisonment for drink driving in Queensland. While imprisonment for drink driving is rare there are circumstances when the court might impose a prison sentence.

Understanding Drink Driving Laws in Queensland

In Queensland, drink driving offences are treated with utmost seriousness due to their potential impact on road safety. The penalties can range from fines and license disqualification to, in the most severe cases, imprisonment. Understanding these laws is crucial for anyone facing a drink driving charge.

Factors Influencing Penalties

Several factors influence the severity of penalties for drink driving offences, including:

BAC Level: Blood Alcohol Concentration (BAC) levels play a significant role. Higher BAC levels result in harsher penalties.
Repeat Offences: Prior drink driving convictions can lead to more severe penalties.
Circumstances of the Offence: Aggravating factors such as causing an accident or having passengers in the vehicle can increase penalties.

When Does Imprisonment Become a Possibility?

Imprisonment is considered a last resort for drink driving offences, but under certain conditions, it can become a reality. These include:

High BAC Levels

If a driver has a BAC level significantly above the legal limit, particularly those classified under high-range drink driving (0.15% BAC and above), the courts may impose imprisonment, though usually if it is not the first offence or an accident was involved.

Repeat Offenders

For individuals with prior drink driving convictions, the likelihood of facing imprisonment increases. The court may impose a custodial sentence to deter repeat offences and protect public safety.

The law in fact mandates imprisonment must be imposed if this is your third high range drink driving charge in 5 years.

Aggravating Circumstances

Certain scenarios can aggravate the severity of the offence, leading to imprisonment. These include:

Causing an Accident: Drink driving leading to an accident, especially one resulting in injury or death, significantly increases the chances of imprisonment.
Driving with Passengers: Having passengers, particularly minors, in the vehicle at the time of the offence can lead to harsher penalties.

The Legal Process: What to Expect

Facing a drink driving charge can be overwhelming, but understanding the legal process can provide some clarity and preparation.

Initial Arrest and Charge

Upon being charged with drink driving, you will be required to appear in court. The specifics of this process vary depending on the severity of the offence and whether it is a first-time or repeat offence.

If you are charged with mid range or high range the police will also immediately suspend your drivers licence.

Court Appearance

During your court appearance, the magistrate will consider various factors, including:

BAC Level: The higher your BAC, the more severe the penalty.
Previous Convictions: Prior offences will weigh heavily against you.
Circumstances: Aggravating factors such as accidents or endangering passengers will be taken into account.

Legal Representation

Having expert legal representation is crucial. At Clarity Law, our experienced traffic lawyers will guide you through the process, ensuring your rights are protected and presenting the best possible case on your behalf.

Mitigating Factors: Reducing the Risk of Imprisonment

There are several ways to potentially reduce the severity of the penalty, including avoiding imprisonment:

Early Guilty Plea

Entering an early guilty plea can sometimes result in a reduced sentence. It demonstrates remorse and a willingness to accept responsibility for your actions. Always seek legal advice before pleading guilty.

Character References

Providing character references from employers, community leaders, or other respected individuals can help portray you in a positive light, potentially influencing the court’s decision.

Rehabilitation Programs

Participation in alcohol education or rehabilitation programs can demonstrate a commitment to addressing the underlying issues leading to drink driving. This can be a significant mitigating factor in sentencing.

Attending a traffic offenders program like QTOP is also strongly encouraged.

Will I go to prison for Drink Driving?

The main factors in determining if someone will be imprisoned for drink driving is the BAC reading, if an accident occurred or someone was hurt and the traffic history of the driver.

First or even second time offenders without a crash or very high reading generally wouldn’t be imprisoned.

The other factor is even if the court does sentence someone to imprisonment it doesn’t mean they will serve time in prison. The court can decide to release the person immediately or suspend the whole of the imprisonment for the drink driving charge.

Professional Legal Advice

Engaging a knowledgeable traffic lawyer from Clarity Law can make a substantial difference in the outcome of your case. Our team will work tirelessly to present mitigating factors and argue for a lesser penalty on your behalf.

Conclusion: Navigating the Complexities of Drink Driving Charges

Drink driving charges, particularly those that can lead to imprisonment, are serious. However, with the right knowledge and legal support, you can navigate this challenging situation more effectively.

At Clarity Law, our mission is to provide expert legal guidance and representation to those facing drink driving charges in Queensland. Our extensive experience in traffic law ensures that you receive the best possible advice and support, tailored to your specific circumstances.

If you or someone you know is facing a drink driving charge, don’t navigate it alone. Reach out to Clarity Law today for a confidential consultation and let our expert team guide you through the complexities of the legal process.

Contact Us

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving.

Repeat Drink Driving Offences in Queensland

Steven Brough — Thu, 23 May 2024 07:32:00 +0000

Introduction

Drink driving remains a serious offence in Queensland, with strict laws in place to deter drivers from getting behind the wheel under the influence of alcohol. However, when it comes to repeat drink driving offences, the penalties escalate significantly, reflecting the heightened risk and potential harm to the community. This guide aims to shed light on the consequences of repeat drink driving offences in Queensland and why securing legal advice is crucial for anyone facing such charges.

What Constitutes a Repeat Drink Driving Offence?

A repeat drink driving offence occurs when an individual is charged with drink driving more than once within a specified period. In Queensland, this period is typically five years. Repeat offenders face harsher penalties compared to first-time offenders, as the law assumes that they have not learned from their previous mistakes and continue to pose a risk on the roads.

Consequences of Repeat Drink Driving Offences

Increased Fines

Repeat drink driving offenders can expect to face substantial fines. The exact amount depends on several factors, including the level of blood alcohol concentration (BAC) at the time of the offence and the number of prior offences. For instance, a second offence might attract a fine in the range of $1,500 to $2,000, while subsequent offences could see fines exceeding $2,500.

Longer Licence Disqualifications

One of the most immediate and impactful penalties for repeat drink driving is licence disqualification. The duration of disqualification increases with each subsequent offence as the minimum disqualification imposed by law increases. Further offences could lead to indefinite disqualification, significantly affecting one’s mobility and employment prospects.

Mandatory Imprisonment

Queensland law stipulates a mandatory prison term for people who have 3 high range drink driving charges within 5 years.

Alcohol Ignition Interlock Program

Repeat offenders are usually required to participate in the Alcohol Ignition Interlock Program. This program mandates the installation of an interlock device in the offender’s vehicle, which requires the driver to provide a breath sample before the vehicle can start.

Impact on Employment and Personal Life

The consequences of repeat drink driving extend beyond legal penalties. Licence disqualification can lead to job loss, especially for those whose employment depends on driving. This is especially true for repeat drink drivers as the law states that you cannot apply for a work licence if you have had another drink driving charge within 5 years.

Why Good Legal Advice is Essential

Given the severe consequences of repeat drink driving offences, obtaining sound legal advice is critical. An experienced traffic lawyer can provide invaluable assistance in minimising the penalty. Repeat drink driving offences in Queensland carry severe consequences. Increased fines, longer licence disqualifications, mandatory imprisonment, and participation in the Alcohol Ignition Interlock Program are just some of the penalties that repeat offenders can face. However, with the right legal advice, it is possible to navigate these challenges effectively and achieve a more favourable outcome.

If I contacted you what would occur?

If you contact us, then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email or contact form. They have over 50 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete online in less than 15 minutes. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with many hundreds of courts appearances for drink driving charges each.

Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.

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

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

We have a range of articles on drink driving on our traffic law blog. Some of the most recent have included:

Queensland Drink Driving (2024)
Top 5 Drink Driving Myths
The Essential Guide to Obtaining a Work Licence
How Drink Driving Matters are Heard in Queensland
What happens after your drivers licence is disqualified?
Refusing a Breathalyser Test in Queensland
Can you commit a drink driving offence in your driveway?
Immediate suspension for drink driving
Special Hardship Orders v Work Licences
High Range DUI
Going through a drink driving charge in Brisbane Magistrate Court
DUI Charges
Ultimate Guide to High Range Drink Driving
Can you beat a DUI?
Navigating Drink Driving Charges in Queensland: Top 5 Do’s and Don’ts
Disqualification vs Suspension, what is the difference in Queensland?
The True Cost of a Drink Driving Conviction in Queensland
Will I get a criminal conviction for a drink driving charge?

Drink and Drug Driving on a Provisional Licence in Queensland

Steven Brough — Wed, 22 May 2024 06:12:00 +0000

Introduction

For provisional licence holders, driving represents newfound freedom and responsibility. However, with this responsibility comes the obligation to adhere to stringent road safety laws, particularly those concerning drink and drug driving. In Queensland, the legal system takes a hard stance on such offenses, especially for provisional drivers, due to their limited driving experience and higher risk profile. This blog post aims to provide an in-depth understanding of the laws, consequences, and practical advice for provisional drivers charged with drink or drug driving, as well as tips for preventing such situations.

Understanding the Laws

Drink Driving

In Queensland, provisional licence holders (P1 and P2) must maintain a zero blood alcohol concentration (BAC) while driving. This zero-tolerance policy means that even a minute amount of alcohol in your system can lead to serious legal repercussions. The law is clear: no alcohol is permissible for provisional drivers, and any detected BAC will result in charges and penalties.

Drug Driving

Similarly, Queensland law imposes a zero-tolerance policy for drugs. Provisional drivers must not have any detectable traces of illegal substances in their system while driving. The two primary charges for drug driving are:

Driving with a relevant drug present in saliva, blood, or urine.
Driving under the influence of drugs (DUI), indicating impaired driving ability due to drug consumption.

Both charges can have severe legal consequences, and being convicted of either can significantly impact a provisional driver’s future.

Consequences

The consequences of drink or drug driving on a provisional licence in Queensland are severe and multifaceted. These can include:

Immediate Penalties

Fines: Monetary penalties can be substantial, straining financial resources.

License Suspension: Provisional drivers can face immediate suspension and will face disqualification from driving for at least 3 months or 6 months if the charge is high range drink driving

Court Appearances: Charges will require a court appearance, adding to the stress and potential consequences.

Long-Term Effects

Criminal Record: A conviction if recorded can lead to a criminal record (though only recorded on the traffic history not criminal history), potentially affecting future employment prospects and travel opportunities.

Insurance Premiums: Convictions can cause a spike in insurance premiums, increasing the cost of driving.

Professional Impact: Certain professions require a clean driving record; a conviction can hinder career aspirations.

Court Appearance

Being charged with drug or drink driving while on your P Plates will require you to appear in court. However depending on your age this might be a regular adult court or children’s court.

Childrens court

If you are under 18 years of age at the time the drink or drug driving charge then your court appearance will be in a children’s court.

This will mean;

Your appearance in court cannot be published
The court can decide not to disqualify your licence
You may not be fined

Learn more about Licence Disqualifications in the Children’s Court

Adult court

Your appearance in court can be published
The court must disqualify your licence for no less than 3 months
You may will be fined

Learn more about Licence Disqualifications in the Adult Court

Work Licence

P Platers are barred under the law from applying for a work licence. If the appearance is in the children’s court it may be possible to get no disqualification.

Advice and Next Steps

If you find yourself charged with drink or drug driving on a provisional licence, it’s crucial to take immediate and informed steps:

Seek Legal Advice

Engaging a specialized traffic lawyer is essential. At Clarity Law, we have extensive experience defending clients in Queensland traffic law cases. Expert legal representation can help navigate the complexities of your case, potentially mitigating penalties and protecting your future.

Support Services

Utilize available support services, such as counselling or rehabilitation programs, which can demonstrate a commitment to rectifying the behaviour and may positively influence court outcomes. Also look towards completing a traffic offender program like QTOP to demonstrate to the court you are treating the charge seriously.

Conclusion

Navigating the legal landscape as a provisional licence holder in Queensland requires a clear understanding of the stringent laws surrounding drink and drug driving. The consequences of such charges are severe, but with the right knowledge and legal support, you can mitigate the impact and learn from the experience.

At Clarity Law, we are committed to helping good people through tough times. If you or someone you know is facing a drink or drug driving charge, don’t navigate this challenging situation alone. Contact us for expert legal advice and representation. Together, we can work towards the best possible outcome and ensure you continue to drive responsibly and safely.

What courts do you cover?

What cover every court from the Gold Coast to Bundaberg.

What do you charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills. The money goes into a trust account and cannot be taken by us until the matter is completed.

We are also upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you. Clarity Law on the other hand are happy to list our prices as we are sure that although we are not the cheapest our prices, given our experience, is very competitive

Click here to see what we charge or see below for our current prices for a first time drink driving offence.

Drink driving — low, mid or high range guilty plea — $2,750

If this is not your first drink driving charge, you have other charges or an extensive history we will provide you with a fixed price quote.

If I contacted you what would occur?

Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.

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

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving.

Work Licences for Drug Drivers in Queensland

Steven Brough — Tue, 21 May 2024 11:13:00 +0000

For many Queensland drivers, being charged with drug driving can be a daunting and life-altering experience. The prospect of losing your licence can impact your employment and, in turn, your ability to support yourself and your family. However, there is hope. Work licences are available to eligible drivers, allowing them to maintain their employment despite a drug driving offence.

This blog post will guide you through the process of obtaining a work licence for drug driving in Queensland, highlighting the importance, eligibility criteria, application process, and more.

Understanding Work Licences for Drug Drivers

A work licence is a special type of restricted licence that allows individuals convicted of a drug or drink driving charge to drive for work-related purposes. For those charged with drug driving in Queensland, a work licence can be a lifeline, enabling them to continue working and supporting their families while serving their driving disqualification.

Drug driving offences in Queensland are taken seriously, and penalties can be severe. However, the courts recognise that many individuals rely on their ability to drive for their livelihood. A work licence provides a balance between penalising offenders and maintaining their employment opportunities.

Learn more: We have the most comprehensive article on work licences in Queensland

Why is a work licence important for drug driving charges?

In Queensland we have mandatory periods of disqualification. This means that if you plead guilty to drug driving then you are going to be disqualified for a period of time. A work licence would be important to enable a person to keep driving, for work, during that disqualification.

Eligibility Criteria for a Work Licence

To be eligible for a work licence in Queensland, drivers charged with drug driving must meet specific criteria:

Criteria for Eligibility:

You must hold a current Queensland open licence at the time of the offence.
The drug driving offence must be your first such offence within the past five years.
You cannot have had a licence suspended or cancelled (except in some limited circumstances like certain SPER suspensions that did not go to court) in the last 5 years.
The drug driving offence must be Driving with a relevant drug in your system not driving under the influence of a drug
You must not have been driving for work purposes at the time of the offence.

Conditions and Restrictions:

If granted a work licence, you will be subject to strict conditions, including driving only during specific hours and for work-related purposes.

The work licence will be valid for the duration of your disqualification period.

You must comply with all other conditions imposed by the court, such as completing a log book or restricting who can be a passenger in the vehicle.

How to Apply for a Work Licence

The application process for a work licence in Queensland involves several steps. Here’s a step-by-step guide to help you through it:

Step 1: Gather Required Documents

To apply for a work licence, you will need the following documents:

A completed Form F2581 (Application for a Restricted Licence)

A detailed affidavit outlining your personal circumstances, the need for a work licence, and the impact of losing your licence on your employment and family.

An affidavit from your employer (if not self employed) confirming your employment, the necessity of driving for your job, and the hours you need to drive.

Any supporting documents.

Step 2: Submit Your Application

Submit your completed application and supporting documents to the Magistrates Court where your drug driving charge is being heard. Different courts have different procedures on how long before the court date the material needs to be filed. All the material also needs to the served on the police prosecutor.

Step 3: Attend the Court Hearing

You will need to attend a court hearing where a magistrate will consider your application. Be prepared to present your case and answer any questions the magistrate may have. It is highly recommended to seek legal representation to improve your chances of a successful outcome and reduce the disqualification period.

Step 4: Comply with Licence Conditions

If your application is approved, you will be issued a work licence with specific conditions. Ensure that you comply with these conditions to avoid further penalties or disqualification.

Benefits of Obtaining a Work Licence

Obtaining a work licence offers several benefits for drivers charged with drug driving:

Maintaining Employment

A work licence allows you to continue working and fulfilling your job responsibilities, which is crucial for financial stability and career progression.

Supporting Your Family

By maintaining your employment, you can continue to provide for your family, ensuring their well-being and security.

Reducing Stress and Anxiety

Knowing that you can still drive for work purposes can alleviate the stress and anxiety associated with losing your licence and the potential impact on your livelihood.

Common Mistakes to Avoid

The process of applying for a work licence can be complex, and making mistakes can jeopardise your chances of a successful outcome. Here are some common mistakes to avoid:

Incomplete or Inaccurate Documentation

Ensure that all required documents are complete, accurate, and up-to-date. Incomplete or inaccurate documentation can result in your application being rejected.

Missing the Application Deadline

Different courts have different deadlines, you need to check the court registry to confirm that courts rules.

Failing to Seek Legal Advice

Navigating the legal process can be challenging, and seeking professional legal advice can significantly improve your chances of a successful outcome. An experienced traffic lawyer can help you prepare your application, represent you in court, and ensure that you comply with all legal requirements.

Tips for a Successful Application

To increase your chances of obtaining a work licence, consider the following tips:

Demonstrate Genuine Need

Clearly articulate the impact of losing your licence on your employment, family, and overall well-being. Provide specific examples and supporting documents to demonstrate your genuine need for a work licence.

Show Remorse and Commitment to Rehabilitation

Express remorse for your offence and commitment to rehabilitation. Attend drug education or rehabilitation programs and provide evidence of your participation.

Seek Professional Legal Assistance

Engage the services of a qualified traffic lawyer who specialises in work licence applications. Their expertise and experience can significantly improve your chances of success.

Real-Life Success Stories

John’s Story

“John”, a delivery driver from Brisbane, was charged with drug driving and faced the prospect of losing his licence. As the sole breadwinner for his family, John was desperate to maintain his employment. With the help of a traffic lawyer, John successfully applied for a work licence and continued to support his family without interruption.

Sarah’s Story

“Sarah”, a nurse from the Gold Coast, relied on her ability to drive to attend to her patients. After being charged with drug driving, Sarah feared losing her job and the impact it would have on her patients. With legal assistance, Sarah obtained a work licence and continued to provide essential care to her community.

Conclusion

Obtaining a work licence for drug driving in Queensland can be a lifeline for drivers facing the prospect of losing their licence. By understanding the eligibility criteria, following the application process, and seeking professional legal assistance, you can increase your chances of a successful outcome. If you or someone you know is facing drug driving charges and needs a work licence, contact our experienced team at Clarity Law for expert advice and assistance.

Our Team

Every one of our traffic lawyers is extremely experienced appearing in the courts every week representing people charged with drug driving.

Steven Brough – Founder and traffic lawyer (22+ years experience)

Russell Tannock – Traffic lawyer (8+ years experience)

Jack Marshall – Traffic lawyer (2+years experience)

Jacob Purden – Traffic lawyer (8+ years experience)

Belinda Smyth – Client Services Manager (21+ years experience)

Between our lawyers we have appeared in court thousands of times representing clients with traffic offences from the Gold Coast to Bundaberg.

What do you charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills. The money goes into a trust account and cannot be taken by us until the matter is completed.

Click here to see what we charge or see below for our current prices for a first time drink driving offence.

Work Licence (includes price of guilty plea) $2,990

Drug Driving (if no work licence possible) $2,750

If I contacted you what would occur?

If you contact us, then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email or contact form. They have over 45 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

Remember its critical you get advice before going to court, a drug driving charge no matter the reading will have an impact on you, your family and your employment or business.

What courts do you appear in?

We appear in every court in Southeast Queensland from Southport to Hervey Bay. Just some of the courts we appear in are representing drink drivers include;

Brisbane

Beenleigh Brisbane Cleveland

Holland Park Pine Rivers Richlands

Sandgate Wynnum

Sunshine Coast

Caboolture Caloundra Gympie

Maroochydore Nambour Noosa

Gold Coast

Beaudesert Coolangatta Southport

Darling Downs

Gatton Toowoomba Ipswich

Kingaroy Toogoolawah

Fraser Coast

Maryborough Hervey Bay Bundaberg

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

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drug driving and work licences.

Finding a Drink Driving Lawyer in Bundaberg

Steven Brough — Tue, 21 May 2024 04:48:00 +0000

Facing a drink driving charge in Bundaberg can be a daunting experience, but having the right legal representation can make a significant difference in the outcome of your case. With numerous lawyers offering their services, finding the best one for your situation requires careful consideration and research. Here are some essential steps to help you find the right drink driving lawyer in Bundaberg to defend you against a drink driving charge:

At Clarity Law, we understand the serious consequences that a drink driving charge can have on your life, including potential fines, license disqualifications and more. With our team of experienced lawyers dedicated to traffic and DUI matters, we have successfully represented numerous clients throughout Queensland, achieving favourable outcomes and helping them navigate the legal process with confidence.

Our expertise in drink driving cases, combined with our in-depth knowledge of Queensland’s traffic laws and legal procedures, allows us to provide personalised and effective representation tailored to your unique circumstances. We prioritize communication, transparency, and client satisfaction, ensuring that you are fully informed and supported every step of the way.

Check out our blog with over 115 articles all about traffic laws in Queensland and our Guide to Drink Driving charges in Queensland in 2024.

With Clarity Law on your side, you can trust that your case will be handled with the utmost professionalism and diligence, with the goal of minimizing the impact of a drink driving charge on your life and future. Contact us today for a free consultation and let us help you achieve the best possible outcome for your case.

What do you charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills.

We are upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you. Clarity Law on the other hand are happy to list our prices as

Our prices include;

full preparation for court including checking for defences and devising strategy to minimise penalty
Contacting the prosecution unit to obtain your traffic history, charge documents and a copy of the prosecutor court brief (QP9) so we know what the prosecutor will tell the court occurred
drafting submissions for the court
arranging for you to attend a driving course (if appropriate)
all telephone calls, emails and meetings with you
detailed information to you on the likely penalty and information on what will happen at court and afterwards
appearing in the court with you for your guilty plea to the drink driving charge

We know there are a lot of DUi lawyers Bundaberg so we will work hard to prove we are your best option.

Click here to see what we charge or see below for our current prices for a first time drink driving offence.

Work Licence (includes price of guilty plea)

$2,990

Drink Driving – Low range

$2,750

Drink Driving – Mid range

$2,750

Drink Driving – High range

$2,750

If I contacted you what would occur?

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

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to call you back
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger

For drivers in the Bundaberg and Wide Bay region, our nearest office is in Hervey Bay — call 1300 952 255 and we’ll arrange representation for your court date.

For advice about your own situation, speak with our drink driving lawyers — call 1300 952 255, 7am–7pm, 7 days.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your
exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our drink driving page.

How Drink and Drug Driving Laws Affect Truck Drivers in Queensland

Steven Brough — Mon, 20 May 2024 07:42:00 +0000

Introduction

For truck drivers, a single misstep of being charged with a traffic offence can have far-reaching consequences, not only for their careers but also for their personal lives.

Among the most serious traffic offences are drink and drug driving. These offences carry severe penalties and can devastate a truck driver’s livelihood. This blog post delves into the implications of these laws, offering insights and practical advice for truck drivers charged with drink or drug driving in Queensland.

The Seriousness and Implications of Drink and Drug Driving in the Trucking Industry

Truck drivers hold a unique position on the roads, responsible for operating large vehicles that require heightened skill and concentration. Consequently, the laws governing their conduct, especially pertaining to drink and drug driving, are stringent.

The Queensland government has enacted some of the toughest legislation to deter and penalize drink and drug driving, reflecting the gravity of these offences. For truck drivers, understanding these laws is crucial to safeguarding their careers and ensuring road safety.

Specific Laws and Penalties for Drink and Drug Driving in Queensland

Drink Driving Laws

In Queensland, the legal blood alcohol concentration (BAC) limit for truck drivers is 0.00%. This zero-tolerance policy underscores the responsibility truck drivers bear. If a truck driver is found to have a BAC over this limit, they face significant penalties, including:

Fines

Immediate licence suspension

Disqualification by the courts

Drug Driving Laws

Drug driving laws are equally stringent. There are two primary offences related to drug driving:

Licence Disqualification and Employment Consequences

The immediate consequence of a drink or drug driving charge is often the disqualification of the driver’s licence. For truck drivers, whose livelihood depends on their ability to drive, this can be catastrophic. A disqualified licence means an inability to work, resulting in loss of income and potential job termination.

See below for more information on work licences.

Long-term Career Implications

Even after serving the suspension period, the long-term effects linger. A criminal record can make it challenging to secure future employment within the trucking industry, as employers often conduct background checks.

In Queensland a conviction for a drink or drug driving charge is not recorded on a person’s criminal history but can be recorded on their traffic history. Given most employers would want to see a drivers traffic history if they apply for a job this can be a serious impediment to gain employment.

The recording of a conviction is not mandatory, it is up to the Magistrate to decide whether to record a conviction or not. Section 12(1) of the Penalties and Sentences Act provides that the court may exercise a discretion to record a conviction or not.

In considering whether or not to record a conviction, the court must have regard to all circumstances of the case, including:

the nature of the offence; and
the offender’s character and age; and
the impact that recording a conviction will have on the offender’s economic or social wellbeing; or chances of finding employment.

The law is in place as it recognises that the recording of a conviction can have a huge impact on a person even years after the offence has been resolved in court.

How does the Magistrate decide whether to record a conviction?

Section 12 is not exhaustive which means the court must consider the factors in section 12 but can consider other things as well.

Generally the court will be looking at:-

The nature of the offence

This is fairly obvious the more serious an offence the more likely a conviction will be recorded. With drink driving the court will look at the BAC reading and whether any accident occurred.

The offender’s character and age;

Younger offenders are more likely not to have a conviction recorded for a drink driving charge. This does not mean older offenders will automatically have a conviction recorded as an offenders character is also taken into account. Character would usually be judged on a persons traffic and criminal history (if any).

The impact that recording a conviction will have on the offender

The impact of the recording of a conviction must be taken into account by the court. Given the conviction is going to be recorded on the traffic and not criminal history a person would have to show how a traffic conviction will impact them negatively. A truck driver who if they get a conviction recorded their employer will fire them or they will find it hard to get employment in the future would have an argument why a conviction should not be recorded as trucking companies would likely ask new applicants for a job to show them their traffic history.

In the past the courts have generally considered they should record a conviction for a traffic offences however the cases of Wilson v Commissioner of Police & Clinton v Commissioner of Police have shown that a magistrate cannot simply automatically record a conviction for drink driving without properly considering the factors in section 12.

Learn more about the recording of a conviction for drink driving charges.

Getting a Work Licence

A truck driver who is charged with drug or drink driving would obviously be looking at whether they could apply for a work licence to keep driving.

Where a person was driving a truck, a bus, an articulated motor vehicle, a B-double or a road train at the time they were arrested the law does not allow them to apply for a work licence at all. The truck is defined as any truck with a GVM over 4.5t.

If a person was arrested while driving a motor vehicle but needs a work licence to earn an income as a truck driver then they may be able to apply for a work licence.

There are strict rules relating to work licences so go to our dedicated work licence page to learn more.

Conclusion

Compliance with drink and drug driving laws is crucial for truck drivers, not only for their safety but also for their professional and personal well-being. The stakes are high, and the consequences of a violation are severe.

At Clarity Law, we are committed to helping truck drivers through these difficult times with expert legal advice and representation. Our team understands the unique challenges faced by truck drivers and is here to provide the support and guidance needed to protect your career and livelihood. If you or someone you know is facing drink or drug driving charges, don’t hesitate to contact us for a consultation.

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

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to book a teleconference at a time that suits you
Email our firms founder at steven@claritylaw.com.au
Send us a message on Facebook Messenger

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink or drug driving. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drug driving charge will have an impact on you, your family and your employment or business.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your
exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our drink driving page.