TRAFFIC LAW PROFESSIONALS

If you disagree with an infringement notice you can go to court to dispute it.

In order to do this, there are two options you can take. First option, you can fill out and submit the Election for Court section on the back of your infringement notice, or you can fill out the Form F5111 – Court Election Infringements – Individual.

This form should be submitted to the Department of Transport and Main Roads.
Afterwards, you will be hearing from them via mail about your court date.

There is another option which is available to you, it’s called the special hardship order. It allows you to drive under certain conditions even though your licence has been suspended.

it is available to you if you’ve been charged driving more than 40km, or 2 or more demerit points recorded during a 12 month good behaviour bond.

There are further conditions you need to meet such as you held a current QLD drivers licence, and the most important reason “if you don’t get a special hardship order, you or your family will suffer extreme hardship because you won’t be able to work (ie earn your livelihood) or you will suffer severe and unusual hardship for another reason.”

We recommend that you get legal advice before applying for a Special Hardship Order. If you are thinking about this, make a free 30 minute consultation with a Lawyer at Hodgson Lawyers here

First, you can be charged with drink driving the following vehicles; motor vehicles, boat, jetski and all other transport that moves on wheels.

When police think you may be over, they can request your name, licence, blood test or a breath test. It is an offence to refuse these.

Legally, you don’t need to be driving to be breaking the law, you may still be ‘in charge of the vehicle’. This can mean sitting in the drivers seat with the keys nearby or in the ignition, or even sleeping in the car.

If police pull you up over the limit, your licence will be immediately suspended for 24 hours.

When in court, you may be disqualified from holding a licence for one month or longer, and if you are convicted of a major offence, this can include jail time.

Under some circumstances, you may apply for a work license after you have been charged with drink driving. To be eligible you must meet the following criteria:

• held a current Queensland open driver’s licence for the vehicle you were driving
• Had a blood alcohol level of less than 0.15%
• Were not driving for your job or already under a work licence
• Were not driving under a licence that required your BAC to be zero e.g. if you are on a learner, provisional, probationary or restricted license.

Also, in the past 5 years you haven’t:

• been convicted anywhere of drink driving or a similar offence
• been convicted in Queensland of dangerous driving
• had a license suspended or cancelled (except in some circumstances).

The next step is to apply to the court for this, they will be looking to see if you are a fit and proper person and that by not being able to drive will cause you or your family great hardship.

If you are found guilty of multiple traffic offenses or serious ones such as drink driving, dangerous driving or driving while disqualified, the court must cancel your licence and disqualify you from obtaining one for a period of time.

If this period is more than 2 years, you may be eligible to apply to have the disqualification removed after 2 years.

You will need to apply to the court which made the order to disqualify your licence, whether that was the Supreme Court, District Court or Magistrates Court.

We suggest you get legal advice if you are interested in doing this.

When do I need legal advice from a traffic infringement?

We suggest you seek legal advice if you have meet one of these criteria’s:

• You have been charged with a traffic offence
• You disagree with an infringement notice and want to elect court
• You have received a fine and weren’t driving the vehicle at the time of the offence and wish to transfer the fine to another driver
• You wish to dispute a speeding fine
• You are applying for a hardship order because your license has been disqualified.

Seeking legal advice for a traffic infringement can help lessen the severity of the charge and put your mind at ease over the matter.

If you are dealing with a traffic Infringement, you can make a free 30 minute consultation with a lawyer to discuss your charge. Book your consultation here.