Traffic and licence law in Queensland

The disqualification is the penalty that actually hurts

Fines get paid off. A disqualification stops you working. That is why almost every traffic matter we run is fought on the length of the disqualification and on whether a conviction is recorded, not on the fine.

Queensland sets minimum disqualification periods by statute. The court has no power to go under them. What the court does control is where in the range you land, and that is decided on your traffic history, your reading, what you were doing at the time, and what the court is told about you before it sentences.

Penalty units are indexed on 1 July each year, so the dollar value of a maximum penalty moves. Check the current unit value rather than relying on a figure you read online last year.

The two restricted licence applications that exist in Queensland

People use "work licence" as a catch-all. In Queensland there are two separate applications, they cover different situations, and applying for the wrong one wastes the only shot you get.

• A work licence (restricted licence) under section 87 of TORUM. This is for drink driving and drug driving convictions. It must be applied for in the same court proceeding, before the Magistrate imposes the disqualification. Once the disqualification is ordered, the door is shut.
• A special hardship order. This is for drivers whose licence has already been suspended by the Department of Transport and Main Roads for a high speed offence, 40km/h or more over the limit, or for picking up 2 or more demerit points during a good driving behaviour period. It is a separate application to a Magistrates Court, filed after the suspension starts.

Suspension before you ever get to court

A lot of drivers are surprised to learn their licence is gone the day they are charged, months before the matter is heard.

If your reading is under 0.10, you are suspended for 24 hours from the time the reading is confirmed. If your reading is 0.10 or higher, if you refuse to provide a specimen, if you are a repeat offender, or if you are charged with dangerous operation while adversely affected, section 79B imposes an immediate suspension that runs until your charge is finalised, withdrawn or discontinued.

That matters for two reasons. First, driving during that suspension is a separate and much more serious offence. Second, the time you spend suspended before sentence is time a Magistrate can be asked to take into account. Adjourning a matter without understanding this can cost you months.

Where traffic matters are heard

Nearly every Queensland traffic charge starts in a Magistrates Court, in the district where the offence happened. Drink driving, drug driving, careless driving, unlicensed driving and most dangerous operation charges are dealt with summarily.

We appear regularly at Southport, Coolangatta, Beenleigh, Brisbane, Richlands and Holland Park. Our Southport office is a short walk from the Southport Magistrates Court and our Brisbane office sits opposite the Brisbane Magistrates Court.

What we actually do on a traffic file

1. Get the QP9 and your full traffic history before anyone talks about a plea. Traffic histories contain errors, and a reading recorded incorrectly changes the tier you are sentenced in.
2. Check whether the elements can be proven. Breath analysis has procedural requirements. So does roadside saliva testing. Not every charge survives a close look at the certificate.
3. Work out whether a restricted licence application is available, and if it is, prepare the affidavits properly rather than on the morning of court.
4. Prepare the sentence submission. What the court hears about your work, your family and your driving record is the difference between the bottom and the top of the range.