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If you have been charged with a traffic offence in Brisbane, the next few weeks will determine whether you lose your licence and incur a criminal record, or achieve the best possible outcome in your case. We are a specialist traffic law firm with expertise in handling cases in all Brisbane courthouses every week. Drink driving, drug driving, dangerous driving, driving without a licence, speeding, and accumulating demerit points: we are familiar with all the consequences, defences, magistrates, and courtroom procedures.
Most people looking online for traffic lawyers in Brisbane have never been in a courtroom before. Don’t worry: we’re here to help. Call us, and we’ll explain exactly where you are without any obligation.
Traffic offences we defend in Brisbane
Drink driving
Drink driving charges are the most common traffic charges we defend. Whether you have been charged with low range drink driving or have been charged with a high range drink driving charge, being over 0.15, all drink driving charges result in a mandatory licence disqualification and a criminal conviction, unless your lawyer can convince the magistrate otherwise. We have experience in all drink driving charges, ranging from first offenders for low range drink driving charges, to repeat offenders for high range drink driving charges, which can result in jail sentences.
The penalties differ substantially depending on the reading of your blood alcohol content, as well as whether or not you have prior convictions, and the court that hears your matter. A charge of drink driving with a 0.05 to 0.099 reading is quite different from a reading over 0.15. The Queensland Government has set out the entire drink driving penalties table, including the maximum penalties, including fines, disqualifications, and terms of imprisonment, depending on the reading of your blood alcohol content. We’ll be able to advise you of your exposure at the first consultation.
Drug driving
In Queensland, a drug driving offence does not need to prove you were impaired. The roadside saliva test will detect a specified substance in your system, and you will automatically be charged. This surprises many drivers, especially those who used marijuana several days ago and thought the drug had been out of their system.
The penalties associated with drug driving charges include a disqualification from driving a vehicle and a criminal record. The defences available are dependent on various circumstances surrounding the drug test, as well as whether proper procedures were followed. The Queensland Government has a page on drug driving penalties that explains how drug testing on the roadside is conducted, as well as the maximum penalties associated with each type of drug driving charge. We have had drug driving charges dismissed on procedural grounds that most people would not know to argue.
Dangerous driving
Dangerous driving is at the serious end of the road traffic scale in Queensland. When the prosecution alleges dangerous operation of a motor vehicle, you are facing a charge that can attract heavy penalties in terms of fines, loss of driving privileges, and, in some circumstances, a jail sentence. When a road traffic accident results in injury or death, the maximum penalty is increased exponentially. These are serious offences that can be heard in the higher courts.
In every dangerous driving charge, the circumstances are unique. Road conditions, speed, the behaviour of other road users, mechanical factors, and many other factors are all relevant. We work on the circumstances that occurred, relying on the evidence rather than on the police summary.
Disqualified driving
Driving while disqualified is one of the more serious offences that you could be charged with in Brisbane. This is because you have already been disqualified from driving due to another offence or court order, and have still gone ahead and driven. This is an offence that is taken quite seriously by magistrates because there has already been a previous penalty that has been disregarded.
The penalties for driving while disqualified include further disqualification and substantial fines, with the possibility of prison for repeat offenders. If you have been charged with driving while disqualified, your first priority should be to get yourself a lawyer.
Unlicensed driving
Driving without a licence may take several forms. You may have allowed your licence to lapse without even realising it. You may not have had a licence at all, or your licence may have been an interstate or overseas licence that is not valid in Queensland. The penalties vary according to your history and the reason you did not have a licence at the time.
In the case of a first offence, without any aggravating circumstances, the penalty for driving without a licence is usually a fine. However, in the presence of complicating factors (such as prior offences or a traffic accident, or driving a vehicle for which you are not licensed), the penalty is often greater than people think.
Speeding and demerit point offences
Not all speeding offences require legal assistance. If you are issued a speeding ticket with a fine and demerit points, it is not a criminal charge, merely an administrative penalty. However, if you have enough demerit points for a suspension or are charged with a speeding offence for driving at a high speed, which has been referred to court, the situation is different.
Court-referred speeding charges can mean that your licence is disqualified, as well as a conviction appearing on your background check. If your job depends on your licence, then losing it as a consequence of a speeding charge that could have been handled in another way is a costly mistake. We can assist with demerit point appeals as well as court-referred speeding charges. We can also assist with determining how many demerit points are allocated to each speeding charge by consulting the Queensland demerit points schedule.
Penalties for traffic offences in Queensland
The penalties that can be given out as a result of committing a traffic offence in Queensland start with low fines and go up to imprisonment, depending on the gravity of the offence. The actual penalties that can be given out as a result of committing a traffic offence in Queensland depend on the actual offence that has been committed, as well as your prior history.
For low range drink driving as a first offence, the penalty will usually entail a fine and a licence disqualification ranging from one month up to and including nine months, as well as a criminal conviction. The mid-range and high-range drink driving offences extend the licence disqualification periods and impose community service or jail terms. Drug driving charges are structured in a similar way. Dangerous driving and disqualified driving have maximum penalties involving licence disqualification for years, as well as terms of imprisonment.
Fines for traffic offences are measured in penalty units, with one penalty unit equalling $161.19 at the current time. If the charge specifies that the maximum penalty is 200 units, that is over $32,000. Obviously, most people are not even close to the maximum, but if you know the maximum, you can understand the gravity that the court puts on these types of cases, as well as the importance of legal representation.
The majority of traffic offences are governed by the Transport Operations (Road Use Management) Act 1995, which is the main act that deals with traffic laws in Queensland.
When a traffic charge becomes a criminal offence
This is the biggest question that people are asking when they are searching for a traffic lawyer. They want to know whether or not what has happened to them will haunt them for years to come.
Here’s the dividing line. Administrative traffic fines, such as a speeding fine or a fine for running a red light, are handled by Transport and Main Roads. It goes on your traffic record but does not go on your criminal record. You pay the fine and possibly lose some points. End of story.
The moment the traffic matter is charged as an offence and is sent to court, it enters the realm of criminal law. Drink driving, drug driving, dangerous driving, driving while disqualified, and some forms of unlicensed driving are all criminal offences in Queensland. If you are convicted in the Magistrates Court or higher, it goes on your criminal record. It shows up on police checks, and it can affect your employment, professional licensing, insurance, and visa applications for many years beyond the disqualification period.
A traffic infringement notice is an annoyance. A criminal conviction for a traffic offence is a blot on your record that will remain there unless you take steps to address it correctly. There are some offences that start as infringements but can escalate to criminal charges depending on circumstances. For example, speeding can be dangerous operation if it is extreme enough or if someone is hurt. The chapter on traffic offences in the Queensland Law Handbook is a useful resource that gives an independent overview of how these offences are classified under Queensland law.
This is where skilled traffic lawyers can change the outcome. In some instances, we can make submissions that ensure that there is no conviction recorded despite a guilty plea, by using the provisions under the Penalties and Sentences Act 1992. Not all cases can be achieved this way, but it does take preparation and strong supporting material by a lawyer skilled enough to know when to make that application.
Saving your licence after a traffic charge
The first concern of most people when they receive a traffic charge is the fear of losing their licence. If your job requires driving, as is the case with most people, or if you need to drive your kids to school, the threat of licence cancellation seems like the end of the world. However, the Queensland law offers two options that allow people to drive under certain conditions: the restricted work licence and the special hardship order.
Neither one is guaranteed, and both require a formal application to the court with supporting evidence, and you have to meet strict eligibility criteria. But when they are granted, it keeps people at work and families functioning while the ban is in place.
Restricted work licence applications
A restricted work licence allows you to drive during certain hours for work purposes only while your licence is disqualified. To qualify for a restricted work licence, you must demonstrate to the court that you will lose your job or your livelihood without being able to drive and that there is no reasonable alternative, such as public transport or car pooling.
It must also be done within a set timeframe from the time of your charge. If you miss this deadline, the chance is closed. The Queensland Government outlines the full set of requirements and the application process on the Restricted Licence page. We can help with the work licence application with employer letters and route maps, including submissions that cover all the criteria the magistrate must tick off. The success rate is high if done correctly; otherwise, the application will be rejected if done poorly.
Special hardship orders
A special hardship order is broader than a work licence, as it can include medical appointments, family care and other driving needs, not just work. The application is made to the Magistrates Court, and you need to show what kind of hardship you will suffer without a licence.
Special hardship orders are available for certain licence suspensions but not all disqualifications. To be eligible, there are specific technical requirements that differ depending on the type of offence and your traffic history, such as whether you have been previously subject to an order. The Queensland Government provides the eligibility and application requirements on their special hardship order page. We will let you know whether you are eligible and what is involved in applying.
How the court process works for Brisbane traffic matters
For most traffic offences, the Magistrates Court is the venue, with several locations throughout Brisbane, including the main courthouse, as well as Holland Park, Richlands, Sandgate, and several other suburban courthouses. If you have been charged with an offence, you will receive a notice to appear, which is the date and time that the police give you to attend court. You may find the contact information for all Queensland courthouse locations at the Queensland Courts website.
Here’s the typical sequence. Your matter is listed on a mention date, which is essentially an administrative appearance. At that stage, nothing is decided. If you plead guilty, the court will either sentence you that day or adjourn to allow time for submissions. If you plead not guilty, the matter gets set down for a hearing on a later date.
The way it works is as follows: your matter comes up on a mention date, and that’s just an administrative appearance. Nothing’s decided at that stage. If you’re guilty, the court’s either going to sentence you that day or adjourn the matter to another day to allow time for submissions. If you’re not guilty, it’s set down for hearing another day.
The time frame from charging to finalisation also varies. Simple guilty pleas may be finalised in as little as four to eight weeks, but more complex matters may take longer. We manage the legal process and keep you informed at all stages.
Why even a guilty plea benefits from legal representation
A guilty plea does not mean you have no options. It simply means you are admitting what happened. The sentence is really where the work starts, and that is where a traffic lawyer can make the biggest difference.
Magistrates are given a lot of leeway in sentencing. If two people are charged with the same offence, at the same BAC, in the same court, the result can be vastly different depending on what information is presented to the magistrate. Character references, work information, completion of appropriate programs, health information, and effective written submissions all play a role in the final decision.
We’ve had clients who came to us with the worst possible expectations, and they leave with reduced penalties, reduced disqualifications, or even with no conviction recorded at all. It doesn’t just happen by magic; it happens when somebody has put a good case together and presented it properly. Self-represented people have no idea what information they should gather, let alone how to present it, or even what sentencing provisions they should ask the court to consider.
If you are going to enter a guilty plea and are thinking that you can simply show up and take what the court is willing to give you, there are some things that you should first consider. A few hundred dollars in legal fees may be the difference between a clean record and a criminal one.
How traffic charges affect your employment, travel, and family life
The penalties that may befall you in the courtroom if you are convicted of a traffic charge, such as fines, suspension of your driver’s licence, or even jail time, are clearly set out in the legislation. The impact that these penalties may have on your daily life, however, is not, and that’s what clients want to know about.
Employment is the big one. Brisbane has many professional people whose registrations or licences demand a clear criminal record or require them to disclose any convictions. Teachers, nurses, real estate agents, security personnel, financial advisors, or anyone dealing with children or vulnerable members of society risk damaging their professional reputation if they are convicted of a traffic offence. Some employers require their staff to undergo regular police checks. Your drink driving conviction, which you thought was private, can turn up in a police check in two years’ time when you apply for a promotion or a new job.
Another area that also catches people off guard is travel. If you are convicted of a criminal offence related to traffic violations, this can disqualify you from visa-free travel to the United States or Canada. The US ESTA visa application form includes the following question: Have you ever been convicted of a crime? If you have been convicted of drink driving, this will result in your application being rejected. The same applies to Canada. If your work or family life involves travel, the implications of the conviction extend beyond Queensland.
Then there is the day-to-day impact on your family. Losing your licence means that someone else has to do the school runs, the grocery shopping, the medical appointments, and all the rest that requires a car. If you are a single parent or are the primary driver in your family, having a period of six or twelve months without a licence affects your entire family. These are not abstract concerns. These are the reasons why most of our clients come to see us in the first place.
We build all of this into the material we present to the court. Magistrates have a certain amount of discretion in terms of taking into account the personal circumstances of the offender, but they are only able to take into account what is presented before them.
Fixed fees and payment plans for traffic matters
We have a fixed fee structure, not an hourly fee structure, when it comes to traffic law matters. This means that we will not surprise you with additional fees at the end of the case, as is the case with some lawyers who charge by the hour. The cost of a traffic lawyer depends on the type of offence, whether the client is pleading guilty or not guilty, as well as work licence applications/special hardship orders.
For straightforward guilty pleas on first-time drink driving or drug driving offences, our fees are at the lower end of the scale. Contested hearings and dangerous driving cases are charged at the higher end of the scale, as are cases involving complex facts and multiple charges. We will provide you with a quote for your particular matter during our free consultation.
We also offer payment plans because we understand that being charged with a traffic offence often comes at the worst possible time from a financial perspective. Paying the cost of our services over several weeks allows you to afford representation when you need it most, rather than being forced to represent yourself due to the upfront cost being out of reach.
Book a free case review with our Brisbane traffic lawyers
Call us or submit your details below to get a free review of your case with our Brisbane traffic lawyers. We’ll discuss your charges, your penalties, whether a work licence or special hardship order is available to you, and we’ll provide you with a fixed fee quote. No strings attached. Just a clear understanding of your position and what we can do to help.
If you’ve just been charged, it is essential that you seek advice as quickly as possible. There are time limits that apply to work licence applications, and it is easier to gather evidence when your case is more recent. If your matter is listed at Southport instead, our Gold Coast traffic lawyers handle the full range of traffic offences across the Gold Coast.
Frequently Asked Questions
Do I need to attend court for a traffic offence in Brisbane?
In most traffic matters, we can represent you in court, and you don’t need to go. This saves you taking time off work or waiting in court for your matter to be called. If we think you need to go to court for a serious offence, we will advise you in advance and help you understand what to expect.
Can a traffic lawyer help me avoid a criminal conviction?
Yes, this is possible. Even if you plead guilty, the law in Queensland permits the court not to record a conviction if the offence is proven. The application has to be made by the lawyer, however, with the appropriate supporting material. This is possible in many cases, especially with traffic offences, but is not granted if the defendant represents themselves as they do not know what to ask for.
What is the difference between a licence suspension and a disqualification?
Suspension of the licence is an administrative action taken by Transport and Main Roads, usually as a result of demerit points or an immediate roadside suspension. Disqualification, on the other hand, is an order by the court as part of the sentence. Disqualifications are more serious and longer in duration, with differing rules in relation to restricted licences.
How quickly can I get a work licence after being charged?
The speed at which you can get a work licence depends on the date of your court hearing and how soon we can get the application ready. Generally speaking, the court can hear your work licence application at the first court hearing if the papers are ready. The sooner you get legal advice, the sooner we can get your work licence.
Will a speeding fine show up on a criminal record?
A standard speeding fine received by way of an infringement notice will not appear on your criminal record. It will appear on your traffic record. However, if you are charged with a speeding offence and the matter goes to court (for example, if you were travelling at an extreme speed or in a school zone), the conviction will appear on your criminal record.
Can I get my disqualification period reduced on appeal?
Yes, in certain circumstances. If your period of disqualification was clearly disproportionate to your circumstances, then a reduction in your period of disqualification is possible by appealing to a higher court. There is a strict time limit on appealing, but we will review your circumstances to see whether your appeal has a reasonable chance of succeeding.