Your Driver's Licence Has Been Disqualified, What Happens Next?
Being charged with a traffic offence can be stressful especially if your licence is disqualified as a result. For drink and drug driving charges, part of your punishment must be a disqualification period. If this is you and your licence has been disqualified, what next? Here we’ll explain what happens after you have been disqualified.
When Does My Disqualification Period Commence?
Your disqualification period is enforced as soon as the Magistrate formally disqualifies you. If it is your first court date and you wish to adjourn your case, you can do so. This is a good opportunity to seek legal advice and organise the paperwork for a work licence if you need one. If the Magistrate agrees to adjourn your matter, you can still drive until the second court date in most cases. If you are facing a subsequent traffic charge or have been charged with a serious offence, your licence may have been instantly disqualified when the alleged offence occurred. If you are unsure about whether you can or cannot drive, speak to a solicitor to discuss your options.
You'll Need To Hand In Your Physical Driver's Licence
Once you have been disqualified from driving by a court, it is an offence to carry your licence, you won’t be able to keep it. You will need to surrender it on the day to the Police Prosecutor or at the latest, the following day to Queensland Transport.
What If My Physical Licence Is My Only Form Of Identification?
Even if your driver’s licence is your main form of identification, you will still need to hand it in. You can obtain a Proof of Age Card from Queensland Transport to use as a substitute in your disqualification period if necessary.
What About A Work Licence
If you have been granted a work licence by the Magistrate, you will need to go to Queensland Transport to have your licence re-issued as a work licence before you can drive again. You will also need to keep a copy of your court order with you when you are driving.
What If I Can't Afford To Pay My Fine?
In most instances, if you are found guilty or plead guilty to a traffic offence, you will be issued a fine as well as an offender levy as part of the penalty. These can be expensive, and if you don’t have the money upfront, you can refer it to SPER and organise a payment plan.
Am I Disqualified From Driving A Car Only Or All Vehicles?
If your licence has been disqualified, this means you are prohibited to drive any vehicle, including motorbikes, quad bikes, scooters, etc.
What About My Industry Or Driver Authorisations?
If you hold an Industry or Driver Authorisation, the disqualification period also applies. This includes taxis, buses, or limousines. Once your disqualification period has finished, you will need to go to Queensland Transport and have your eligibility reassessed to be issued another. If your traffic offence is deemed inappropriate, you may be refused for a period or indefinitely.
Make Sure You Don't Drive During Your Disqualification Period
Understandably, not having a drivers licence can be a huge inconvenience and it can be easy to think you won’t get caught if you just drive here and there but, taking the risk can have huge repercussions. If you are pulled over when you are disqualified, you’ll likely lose your licence for even longer, receive a bigger fine and, you may have a criminal conviction recorded against you, in serious cases, you may receive a prison term as part of your penalty. All of which can be detrimental to your future.
After Your Disqualification Period
Once your disqualification period has finished, don’t make the mistake of driving before going to Queensland Transport. You need to re-apply for your licence before you can legally drive again. You may be on a probation period once your licence is re-issued, so make sure you ask about this to avoid being unexpectedly caught out. You will need 100 points of identification to apply for your licence.
Your Car May Be Fitted With An Interlock
After your disqualification period has ended and you are legally allowed to drive again, your car may be fitted with an interlock device. This is normally mandatory for serial or high range drink driving offenders and is used to read your BAC (Breath Alcohol Concentration). You blow into a mouthpiece on the device, and the engine on the car will not start if your BAC is over the limit. You will be advised by the Magistrate if you are required to have one installed in your car or not.
Don't Wait Until It's Too Late
The best time to seek legal advice is as soon as you can after the offence. An experienced traffic solicitor can help you prepare the best case and assist you with the legalities. Waiting until you have been to court and already been disqualified is too late. Going at it alone and unprepared may see you receive an outcome that is less than ideal.
Need legal advice? Contact our skilled team of expert traffic lawyers here at Drink Driver Lawyer, we’ve helped more than 1,500 people stay on the road, allowing them to get on with their lives and put their traffic charge behind them. Contact us today to discuss your options!