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13 Hicks Street, Southport, Queensland, 4215
If you have been charged with a traffic offence on the Gold Coast, the penalties you face will depend on the charge you have been charged with, as well as your driving history and how your case is handled in court. Drink Driver Lawyers is a law firm specialising in traffic law, with offices in Southport and making daily appearances at the Gold Coast Magistrates Courts. We represent all types of traffic charges, ranging from drink driving and drug driving to dangerous operation and driving unlicenced.
Whatever your circumstances, if you want to retain your licence, avoid a criminal conviction, reduce the length of disqualification, or minimise the long-term effects of a conviction on your licence, it is ultimately up to how your case is prepared and presented. Just been charged? Contact us for a free appointment to see how you stand.
Traffic Offences We Defend on the Gold Coast
Drink Driving Offences
A drink driving offence in Queensland is classified depending on your blood alcohol concentration reading at the time you are caught driving a motor vehicle. The low range is 0.050 up to 0.099, and the penalties are less severe in this case. The mid-range is 0.100 up to 0.149, and then the high range is 0.150 and above, and the penalties are severe in this case.
The penalties differ in the various categories, and the differences are significant. The low range first offence may attract a fine and a short disqualification, but the high range may attract a minimum disqualification of six months and an alcohol interlock order, and the possibility of a recorded conviction.
We will defend drink driving charges ranging from disputing the accuracy of breath or blood tests to presenting persuasive sentencing submissions to justify to the Magistrate why we should be able to secure a penalty at the lower end of the scale. If you need to apply for a restricted work licence to continue working, this needs to be done correctly and within the timeframes set by legislation.
Drug Driving Offences
A charge of drug driving occurs when the result of the saliva test at the side of the road is positive for a particular substance, or when the lab test confirms the presence of a particular substance. In contrast with driving while drinking, there are no degrees of the offence based on the amount present. Any amount of a prescribed substance present in your saliva is sufficient to charge you. The substances tested include THC, methylamphetamine, as well as MDMA.
The penalties are similar to those for low range drink driving for a first offence, although they increase with previous history. We will look closely at the testing procedure and chain of events with your test sample, and then go over the results to see if there were any flaws in the prosecution case. If the case is strong, we will look for mitigating factors to minimise the penalty and protect your licence.
Unlicenced and Disqualified Driving
Unlicenced driving and disqualified driving are handled quite differently under Queensland law, although there is much confusion between the two. Driving without a valid driving licence, either because it expired or you never had one, is a regulatory offence. Driving after your licence was suspended or you were disqualified from driving by a court and sentenced to a disqualification period is a criminal offence, which can result in a maximum 18 months imprisonment if you’re convicted of it for the first time.
A large proportion of the disqualified driving charges we deal with on the Gold Coast arise from individuals who were unaware of the fact that their licence had been suspended. This may be due to a variety of factors, including the fact that the individual had an outstanding SPER debt, or because the court-imposed period of disqualification was longer than the individual had anticipated. Regardless of the reason, the charge is a serious one and legal representation can make a difference.
Dangerous Driving and Hooning
Dangerous driving charges in Queensland are governed by the dangerous operation of a motor vehicle provisions in the Criminal Code. These are criminal law offences rather than traffic offences. Where death or grievous bodily harm resulted from the dangerous driving, the maximum penalty is 10 years’ imprisonment, or 14 years if alcohol or drugs are involved.
Hooning offences, which include street racing and continuous loss of traction, as well as speeding by 40km/h or more over the speed limit, can lead to the impounding or forfeiture of a vehicle in addition to fines and driving licence cancellations. We defend against charges of dangerous driving by scrutinising all evidence available, such as dashcam evidence, witness statements, accident reconstruction reports, and the circumstances leading to the accident.
Speeding Offences and Demerit Points
The majority of speeding charges are resolved on the basis of a fine and demerit points without the need to appear before a court. However, there are certain limits beyond which speeding charges are heard in court. Exceeding the speed limit by more than 40km/h constitutes a hooning charge. Exceeding the speed limit by 30km/h or more on a provisional licence will result in an automatic suspension.
Another common way in which a Gold Coast driver’s licence is suspended is due to the accumulation of demerit points. When you accumulate more than your allocated demerit points (12 points for open licence holders), the Department of Transport sends a notice suspending your licence. A traffic lawyer may be able to help you contest a wrongful infringement or apply for a special hardship order so that you may drive for work purposes after a demerit point suspension is activated on your licence.
Hit and Run Charges
Failure to stop and provide details after an accident is an offence in Queensland, and the punishment varies depending on whether there were any injuries were sustained in the accident. If there was no injury, then there will be a fine and demerit points, while if there was an injury, then there is a chance of imprisonment.
We frequently see clients who have panicked and left the scene, and then realised the severity of their actions. The way in which you respond after the event can make a difference. Turning yourself in and cooperating fully with the authorities can have an influence on the sentence. We can help clients through this and ensure that their case is presented to the court in the most favourable way possible.
How to Keep Your Licence After a Traffic Charge
Restricted Work Licences for Drink and Drug Driving Offences
If you have been charged with a drink driving offence or drug driving offence, your licence will normally be suspended on the spot by the police. For many people on the Gold Coast, this will mean they will not be able to get to work the following day. A restricted work licence will allow you to use a vehicle during set hours and routes, and only for the purpose of earning a living.
The requirements are very strict. You must have a current Queensland licence, not a provisional or a learner licence. You must not have previously held a restricted work licence in the last five years. You must be able to prove to the court that your licence will cause extreme hardship in your working life. It must be lodged within a certain timeframe, or the court will not hear your case.
We draft your work licence application, ensuring that the Magistrate is presented with the full picture: your work situation, your lack of alternative transport options, a letter from your employer confirming the need for you to drive and any other supporting material that you have that proves your hardship application. It is critical that this is done correctly the first time around. If the application is refused, your choices are severely restricted.
Special Hardship Orders for Demerit Point Suspensions and Excessive Speeding
A special hardship licence is another different system to that of a work licence. It is used when your licence is suspended because of too many demerit points, or if you have been charged with speeding and your licence is suspended administratively through the Department of Transport.
To apply for this, you must demonstrate to the Magistrate that severe and unusual hardship would result from suspension of your licence, rather than mere inconvenience. The court will assess whether you need your licence for work and whether you have dependents who need you for transportation. They also assess whether you have alternative options available. The test for hardship is set quite high, and you won’t get far by simply asserting hardship without evidence to support your case.
We make regular applications for Special Hardship Orders at Southport Magistrates Court. This takes time and requires gathering employment records, evidence of your personal circumstances, character references, and anything else that helps to provide a picture for the Magistrate to assess. Timing is also essential in this area. You must apply within the set time, or else the court does not have jurisdiction.
When Your Traffic Charge Becomes a Criminal Offence
Most people assume a traffic charge is a fine and some demerit points. This is correct for minor traffic infringements. However, the law clearly distinguishes between regulatory traffic offences, which are processed administratively, and criminal traffic offences, which are processed through the courts and can result in a criminal record.
The distinction is more relevant than most people imagine. A parking ticket or a low-level speeding ticket is an infringement notice. You pay the ticket, you cop the demerit points, and your record remains clean. But driving under the influence of alcohol, driving under the influence of drugs, driving while disqualified, dangerous operation of a motor vehicle, and failing to stop after an accident involving injury are all criminal law offences. They are prosecuted in the Magistrates Court or higher courts, depending on the seriousness of the charge, and if you are found guilty, you are recorded as having a criminal conviction, unless the Magistrate exercises their discretion not to record a conviction.
Discretion is not automatically granted. It must be argued for. And this is where many self-represented defendants on the Gold Coast get caught out. They plead guilty, thinking they are going to get fined, and they end up walking out of court with a criminal conviction that they will carry for years to come.
Which Traffic Offences Go on Your Criminal Record in Queensland
The offences which may lead to a criminal record upon conviction and recording of the conviction include drink driving at any BAC range, drug driving, driving while disqualified or suspended, dangerous operation of a vehicle, careless driving causing death or injury, street racing and hooning offences, and failing to stop after an accident involving injury.
If the Magistrate decides to record a conviction, then this is included in your criminal record and will be reflected in a national police check. The court has the power to find you guilty of some of these offences without recording a conviction, keeping your criminal record clean. However, in some cases, particularly when the penalties are severe and you have a history of offences, a recorded conviction is the norm.
The aim for most of our clients we represent on the Gold Coast is to achieve a sentence that does not result in a recorded conviction. This is dependent upon the quality of your submissions and how strong your supporting material is, both of which influence how the Magistrate assesses your position. It is a result that requires preparation, rather than hope.
How a Criminal Conviction from a Traffic Matter Affects Employment and Travel
The effects of a criminal record for a traffic offence can extend far beyond the duration of the fine or driving ban. Employers in a variety of industries conduct police background checks as part of the hiring process. The transportation industry, logistics, mining, education, healthcare, government, and financial services sectors all require a clean criminal record.
A drink driving offence appearing on your record can lead to you missing out on a job or having your current employment reviewed. If you have professional licences or industry qualifications, a criminal conviction may need to be disclosed to the appropriate regulatory body.
International travel is another aspect where a conviction leads to difficulties. Both the United States and Canada ask about criminal history on visa forms. Several other nations ask the same. A conviction of driving while drinking can lead to a visa being refused. In particular, Canada takes impaired driving seriously as a criminal offence. They have refused entry to visitors with DUI convictions, even if the conviction occurred a long time ago.
This is why we fight hard for non-conviction outcomes wherever we can. The disqualification period is over. The fine is paid. But a criminal record continues to affect your life long after your court date is over.
What Happens at Court for a Gold Coast Traffic Offence
Magistrates Court Process for Traffic Matters
The vast majority of traffic charges on the Gold Coast are dealt with at Southport Magistrates Court. If you are charged by a police officer or receive a court attendance notice, your first court date will be a mention. On this date, you will indicate whether you are pleading guilty or not guilty to the charge, and if you are represented by a lawyer, they will attend court on your behalf.
If you are pleading guilty, the next stage is the sentencing. The prosecution reads the facts, and your lawyer makes submissions in regard to the penalty. The Magistrate then pronounces the sentence. If the facts are in dispute or you are pleading not guilty, the matter is adjourned for a hearing or trial.
For a guilty plea, the court proceedings are over in one appearance, provided your lawyer has organised everything in advance. For contested matters, you should anticipate at least two court appearances, and in some circumstances, more. The Magistrates Court deals with most traffic-related offences in Queensland, including drink driving, drug driving, driving while unlicenced, hooning, and most offences for dangerous driving, excluding death or grievous bodily harm.
When a Traffic Charge Is Heard in the District or Supreme Court
Some traffic charges are too serious for the Magistrates Court to deal with. Dangerous driving causing death or grievous bodily harm, as well as some aggravated forms of dangerous operation, all have maximum penalties in excess of the Magistrates Court’s jurisdiction for sentencing. They are committed to the District Court for trial or sentencing.
The process is longer and more involved than the Magistrates Court, and it’s a more formal process. You’ll have to appear for a series of committal hearings before a Magistrate to decide if there’s enough evidence to commit the case for trial. If committed, it will be for indictment in the District Court. It will be heard by a judge and jury, not a Magistrate.
In the rarest and most serious of cases, it is possible for the case to end up in the Supreme Court; however, this is rare unless it is connected to a death and is related to criminal law at the highest level.
If your traffic charge is being referred to the District or Supreme Court, the situation is quite different from a Magistrates Court matter. The potential penalties are greater, and the legal issues are more complex, so the work involved in your matter increases exponentially. This is not the time to be your own lawyer. Get some advice and get a criminal lawyer on board.
Why Pleading Guilty Without a Lawyer Is a Risk
Many people who have been charged with traffic offences on the Gold Coast plead guilty without legal representation because they believe that the outcome is predetermined. They believe that the penalty is cast in stone and that nothing can alter it.
The magistrate gets a say on every detail of the case. They decide the length of the disqualification, whether the case is recorded, and if a fine or community service is given. They also decide if the application for a work licence is granted. The punishment you receive depends on the information the Magistrate has before them. If you stand up and admit guilt without saying anything else, the Magistrate can only go on the prosecution’s version of events. You will be given a sentence based on the worst version of the events, without any context of who you are or what you have done since.
The other side of the argument is presented by a traffic lawyer. We offer references, work evidence, proof of rehabilitation, personal circumstances, and legal argument that refer to the relevant sentencing principles the Magistrate must consider. The difference between a prepared plea and an unprepared plea can mean the difference between keeping your licence or losing it, or going home with a clean record or going home with a criminal conviction.
How We Build a Defence Strategy for Traffic Charges
Reviewing the Evidence and Police Procedures
Every charge begins with the evidence. We obtain the full brief of evidence from the prosecution, which includes the statement of the police officer, any body-worn camera evidence, breath test/drug test records, speed detection device records, and witness statements, if any.
We review this material for procedural errors and inconsistencies. Was the breath testing device properly calibrated? Did the police officer correctly follow procedure in administering the roadside breath test? Was the speed camera within its parameters? Were you informed of your legal rights during the interception?
Procedural mistakes, however, may not automatically mean the charges are dismissed, but they may compromise the case sufficiently to lead to a plea bargain on a lesser charge, or they may provide the basis of a defence of not guilty at the hearing. Even if the case against the accused is strong, a careful examination of the facts will often reveal mitigating circumstances that were not immediately apparent.
Presenting Mitigating Factors and Personal Circumstances to the Magistrate
When the right thing to do is to enter a guilty plea, the focus changes to ensuring that the penalty is minimised. The rules surrounding sentencing in Queensland require the Magistrate to consider a range of factors, including your age, character, employment status, the circumstances surrounding the offence, remorse, and any steps you have taken to rehabilitate yourself.
We put forward a detailed submission, which addresses all of these factors with supporting evidence. That might include the completion of a traffic offender program, a psychologist’s or counsellor’s report, letters of support from employers or family members, evidence of community work, and any other relevant material which provides the Magistrate with a reason to impose a sentence at the lower end.
The aim is to provide the Magistrate with sufficient information to differentiate your case from the worst of that particular offence. It’s not a mechanical process. Magistrates are influenced by well-prepared facts that present a true story about the person standing in front of them.
Why Gold Coast Clients Choose Drink Driver Lawyers
Specialist Traffic Law Focus with 25+ Years of Courtroom Experience
Drink Driver Lawyers is not a general law firm that just handles traffic law as a sideline. Traffic law and drink driving defence is our specialty. We don’t do anything else. That means we have seen every possible permutation of charges, BAC results, previous history, and other factors that may arise in drink driving cases that come before the Gold Coast Magistrates Courts. With over 25 years of extensive experience in traffic law cases, our lawyers know what works with which Magistrate and what factors to put forward to ensure that your case is prepared for the best possible outcome.
The specialist knowledge is important in this area as the legislation is quite detailed, and the procedural rules are very strict. If you miss a deadline for a work licence application or get it wrong with your sentencing, you can lose your licence or your clean record. Our team offers specialist legal representation, covering all aspects.
Southport Office with Daily Appearances in Gold Coast Magistrates Courts
Being based in our Southport office allows us to be just minutes away from the Gold Coast Magistrates Courts, where the majority of Gold Coast traffic cases are heard. We have experience of appearing daily at these courts, which means we understand the process and what the Magistrates expect.
That local presence is more important than most people realise. A lawyer who appears frequently in your court understands how to present their case in a way that is most likely to appeal to that Magistrate. They understand who to talk to about listing issues. They understand the nuances that a fly-in lawyer from Brisbane may simply not have. For those living on the Gold Coast, having a traffic lawyer who is actually local, as opposed to those who simply have a Gold Coast-based phone number, can make a real difference.
Get a Free Case Review from a Gold Coast Traffic Lawyer
If you have been charged with a traffic offence in the Gold Coast area, the sooner you get professional legal advice, the more options you have. Deadlines for work licence applications and special hardship orders don’t wait, and some defences have time limits too.
Call Drink Driver Lawyers for a free case review. We’ll review your charge, explain the possible penalties, and advise you of your best option and what to expect. No obligation and no judgment. Just honest advice from an experienced traffic lawyer about exactly where you stand.
Frequently Asked Questions
How much does a traffic lawyer on the Gold Coast cost?
The cost to engage a traffic lawyer will depend on the complexity of your charge and whether it is a simple guilty plea or whether we have to attend a contested hearing. In most cases, we can provide fixed fees for traffic law matters, so you will be aware of all costs involved. This will be discussed with you during our initial consultation, which is provided free of charge.
Can a traffic lawyer speak on my behalf in court?
Yes. In most cases of Magistrates Court traffic charges, your lawyer can represent you and speak on your behalf without you being required to attend court. However, if the case is a contested hearing or the court requires your attendance, your lawyer will be there beside you throughout the process.
How long do I have to challenge a traffic fine in Queensland?
You are entitled to dispute your fine and request to have it heard in court within 28 days from the date you are issued the infringement notice. Failure to do this within the stipulated period will result in your fine being referred to the SPER for further action. Once your fine is in the hands of the state penalties enforcement registry, you are at a different stage and should seek advice on how to dispute your infringement notice within a few weeks.
Will a speeding fine show on a police background check?
An infringement notice, such as a speeding fine for which a penalty is paid, is not recorded on your criminal record and will not appear on a police background check. However, a speeding offence that is dealt with in court will appear on your criminal record. There is a significant difference between a fine being paid and a speeding offence being dealt with in court.
Can I get my licence back early after a disqualification period?
Queensland law does not allow you to apply for the reduction of your court-ordered disqualification period. You are required to serve your disqualification period in full before you are able to reapply for your driver’s licence. However, you may be granted a work licence during your disqualification period, which allows you to drive for work purposes only. This is subject to the offence committed, your driving history, and whether you qualify under the relevant legislative requirements.