Involved in a driving offence or disqualification in QLD? What you need to know
In Queensland one of the toughest ways courts impose consequences for specific traffic offences is by disqualifying a driver. A disqualified driver’s licence revokes all driving privileges and is confiscated from the driver in question.
It will be outlined below the wide range of offences which may have an outcome of a disqualification of a driver licence disqualification. Depending on the nature of the offence, you may be suspended on the spot, however, driver’s license disqualification is predominantly made through a court order. Once you have served the disqualification period, you are then to reapply for a fresh licence at your local Transport and Main Roads (TMR) Precinct.
There is a subtle difference that distinguishes a disqualification and a licence suspension. Suspensions are imposed often for offences that related to outstanding payments for fines, or the accumulative loss of demerit points. Unlike a disqualification, a suspension once served will automatically reactivate your driver’s licence.
The current penalties that are in place for driving whilst disqualified are quite serious in nature. The confiscation period for your license may be from two years to five years, with the addition of more substantial fines, or even 18 months of imprisonment. If you have had your licence disqualified or was pulled over while driving disqualified, the sooner you can access expert legal advice, the smother the process and better the outcome will be.
Offences that incur disqualification:
If in Queensland, you are convicted of the following offences you will be disqualified from holding a driver’s licence until that disqualification period has been served:
- Drink driving offences;
- Drug driving offences;
- Dangerous driving offences;
- Criminal offences committed while using a motor vehicle.
Driving on a public road in Queensland is illegal if done so without a valid driver’s licence pursuant to the Transport Operations (Road Use Management) Act 1995, if you have received a disqualification for holding or obtaining a driver’s licence, or, if you have not visited a main roads authority to get another licence before driving again, your previous license will not be valid.
Similarly, if your license has been suspended for whatever reason, whether it be for the accumulation of unpaid fines, speeding or drink driving before the charge is heard by the court, you will be charged with unlicensed driving. If this is the offence you have been convicted of, then it is the job of the court to enforce a mandatory two to five-year driver’s licence disqualification. If you have been convicted of more than one drink or drug driving offence since May 2008, the disqualification periods will be cumulative, meaning they will add up rather than run at together at the same time. The court takes into account that if an offender is to drive while disqualified the penalties become much more substantive and sever. A range of factors have the ability to be considered by the court, however, the basis for this type of offending is that the court must disqualify you from holding or obtaining a driver’s licence for between two and five years. This may. Come in conjunction with a large fine, potentially over the sum of $8,000.00 or even be subject to imprisonment for up to 18 months.
Are there potential exemptions I may be eligible for?
You are unable to drive once your licence is disqualified unless you are eligible receive a restricted driver’s licence. This type of exempt licence is only granted in specific situations by the magistrate for employment related reasons. An example of this is, if driving is a part of your work duties, or driving is necessary in order to make your living. In cases such as these, it is recommended that expert legal advice is sought as applying for a restricted work licence sets out a large criterion that needs to be satisfied in order to establish your eligibility. Along with this, seeking legal advice as soon as possible is recommended in order to provide an adequate amount of time for documents and other necessity to be filed and completed before your appearance date in court.
The direct impact of being disqualified from driving and obtaining a Queensland Driver’s licence can be a harsh reality to face in anyone’s life, including the potential to lose employment and to drive spontaneously to see friends and family. The legal professionals at Legal Advisory Service are specialists in representing anyone facing charges that are directly related to traffic offences and the likely potential Queensland licence disqualification. We have significant amounts of expertise to advise you promptly of the best avenue in which would be most beneficial for you. Contact our Gold Coast traffic lawyers on (07) 5606 7878, and a free consultation can be organised if you have any outstanding questions about anything mentioned in this article above.