FAQ's Traffic / Drink Driving
1. What is the likely penalty if I get caught drink driving?
Penalties vary, but the most common result is that you will be disqualified from driving for a period of time and also be required to pay a fine. Where you have been charged with drink driving previously, imprisonment is a possibility in some circumstances.
2. Can I get a work license if I have been charged with drink driving?
To apply for a work license you must;
have an openQueensland license or if you are over 25 you are still eligible if you are on a provisional license,
not have been disqualified from driving within the last 5 years,
have a blood alcohol concentration reading of less than 0.15%,
be able to prove to a court that you are a fit and proper person to hold a work license; and
be able to prove to a court that without your license you would loose your employment and as a result suffer extreme financial hardship.
It is necessary to complete affidavit material and have the matter heard before a Magistrate.
3. I was on a good behaviour license and now I have accumulated my demerit points and been issued with a notice of suspension. Can I apply for a work license?
To apply for a special hardship order you must;
- not have lost your license in the past 5 years,
- be a fit and proper person to continue to drive, having regard to the safety of other road users; and
- prove that having your application refused would cause extreme hardship to the you or your family by depriving you of you're means of earning a living.
4. What is the likely penalty for disqualified driving?
First time offenders will usually get disqualified from driving for a period of 2 - 5 years and have to pay a fine. However, courts are now taking this charge much more seriously and repeat offenders can face imprisonment. The court will treat it more seriously if the client is found driving home from the court after the initial disqualification or if the offence is committed in the first few months of the initial disqualification. The offence also becomes more serious if it is coupled with drink driving.
5. What is the likely penalty for driving unlicensed?
You will be disqualified for driving for 1 - 6 months and ordered to pay a fine.
6. Do I need a lawyer to represent me if I have been charged with a traffic offence?
Some people believe that lawyers are a waste of money and feel they can represent themselves. However, being disqualified from driving can cause significant concern for most people, especially for those who need their license for work. We are trained practitioners who appear in court on a daily basis and know the law well. We can ensure your case is properly put to the court and make the appropriate submission to make sure you get the best result. Having us assist you is also likely to ease the stress that can be associated with appearing in court.
7. Should I speak to police if I have been arrested?
It's best to get legal advice before participating in an interview with police. Our office hours are 8.00 am - 5.30 pm and someone in our criminal law team will be available to take your call. If you require assistance outside these hours you can contact us on 0419 173 980.
8. If I plead guilty to an offence will a conviction be recorded?
It is necessary to make submissions to the court as to why a conviction should not be recorded. The court needs to be convinced that recording a conviction would cause difficulties with you obtaining future employment and/or travelling overseas.
If you would like to find out how Quinn & Scattini can help you, please call us on 1800 999 LAW (1800 999 529), or email us at email@example.com