Traffic and Licensing
For many people, being charged with a traffic offence may be the first time that they need to appear before a Court. We understand that being charged with a traffic offence is stressful enough without having to then worry about the loss of your licence, or the impacts on your job, family and future.
At Reinke Lawyers, we have a reputation for being trusted advisors and advocates for clients facing the loss of their licence. Our clients have included parents, labourers, business owners and professional drivers (as those under the Heavy Vehicle scheme). We have dealt with the entire spectrum of these matters including:
drink driving (low-range, mid-range, and high-range)
failing to provide a specimen to the police
drug driving
driving whilst suspended and driving whilst disqualified
dangerous driving, careless driving, or driving without due care and attention
evading the police
Expert representation to keep you on the road
Why Reinke Lawyers?
In every case, our priority is to obtain the best possible outcome for you - whether that be to keep your licence, or to keep the loss of that licence to a minimum. We can help you by obtaining and reviewing all of the Police material and providing you with comprehensive advice about your options before you make any long-term decisions. We can also h help you by negotiating with the police in relation to the charges and the facts, negotiate for reduced charges, and advocate on your behalf for reduced penalties (including the non-recording of a conviction).
If you’re unsure about what lawyer is right for you - well our results speak for themselves. To date, Zac Reinke has never had an application for a work licence or a special hardship order refused by any Court.
If you or your family rely on your licence for your livelihood, we strongly recommend that you obtain legal advice and representation from Reinke Lawyers. Even if it appears like a simple matter or that it’s your first offence - losing your licence can come with serious consequences if you don’t receive effective legal representation.
What penalty will I receive?
It is a common misconception that traffic offences are “minor” and that you can obtain the same result as a lawyer by representing yourself, or using a “duty lawyer”. This is untrue.
Queensland has some of the toughest traffic laws in Australia and the Courts can, and regularly do, sentence people to periods of actual imprisonment for breaking Queensland’s traffic laws.
When sentencing someone for a traffic offence, the Court has a broad range of sentencing options. These include:
Licence suspensions or disqualifications (including absolute disqualifications)
Significant fines
Probation, Parole, Suspended Sentences or actual imprisonment
Recorded convictions
For very serious cases, such as “dangerous driving causing death” drivers have received lengthy periods of imprisonment, and lifetime licence disqualifications.
If you’ve been charged with any traffic offence, you should obtain legal advice from an experienced lawyer before your first court date.
Frequently Asked Questions
-
Our lawyers are experts in all aspects of traffic law. In fact, Zac Reinke has never had a work licence application or special hardship order application refused by any court. While we are based in Brisbane, we regularly appear for clients on the Gold Coast, Cleveland, the Sunshine Coast and throughout Queensland.
Reinke Lawyers can help you with determining your eligibility for a restricted work licence or special hardship order. If you are eligible, we can then assist you with preparing a work licence application or special hardship order application, including the preparation of a supporting affidavit.
When it comes time to appear in Court, we will then advocate for you to receive the lowest possible penalty in conjunction with a restricted work licence or special hardship licence which allows you to continue earning your livelihood and supporting your family.
-
Restricted work licenses are subject to strict eligibility requirements. In fact, those requirements maintain that the Court cannot grant you a restricted work licence if you do not meet the criteria - regardless of the impact or hardship that you and your family might suffer upon losing your licence.
So what are the criteria - well, in order to obtain a restricted licence, you must satisfy the Court that:
You are a fit and proper person to hold a restricted work license having regard to both the safety of other road users, and the members of the public generally; and
If the Court refused your application, that refusal would cause extreme financial hardship to your family by depriving you of your means of earning a living; and
You must have been driving on a Queensland Open licence, RE licence, or R licence when you committed the offence.
However, you will not be granted a restricted licence if:
your drink driving charge is a “high range offence”;
your provisional (i.e. P Plates) or open licence has been suspended, canceled or disqualified within the last 5 years before your application is made;
you’ve been previously convicted of a drink driving offence (including a failure to supply a breath sample, drug driving, or dangerous driving offence within the last 5 years before your application is made;
when you were driving, you were doing so in the course of your employment;
you were driving on a restricted licence at the time of the offence;
-
The provisions which relate to special hardship orders are found in Chapter 10 of the Transport Operations (Road Use Management) Driver Licensing Regulation.
For the Court to grant an application, you must show that:
you are a fit and proper person to continue to drive, having regard to your traffic history, and the safety of other road users and the public; and
that if the application was refused:
you and your family would suffer extreme financial hardship by depriving you of your means of earning a living; and/or
you and your family would suffer severe and unusual hardship in a way other than by depriving you of your means of earning a living.
In order to make an application you just have a suspended open or provision licence and also meet the eligibility criteria.
The suspension will typically follow the accumulation of too many demerit points whilst subject to a “good driving behaviour period”, but in other cases will stem from committing a high speed offence - that is, for exceeding the posted speed limit by more than 40km/h. You will be notified by the Department of your impending suspension after you’ve accepted the infringement notice for the offence. This suspension notice will outline the date that your suspension will take effect, which is also the date that you will be able to file your special hardship application.
A word of caution - if you have received an initial letter from the Department of Transport disclosing a “notice to choose” it is critical that you opt for the good driving behaviour period if you are concerned about protecting your eligibility to later apply for a special hardship order. This is discussed more below.
-
In short, yes.
Applicants who wish to apply for a restricted work licence or a special hardship order can be “barred” from applying in several circumstances.
The most common being:
They have a prior licence suspension or disqualification in the last five years; or
They have been charged with a “high range” drink driving offence.
There are however several other circumstances which might mean that you cannot make an application.
We recommend that you contact us so that you can discuss your circumstances with a lawyer and obtain accurate advice regarding your eligibility.
-
If you were sentenced by a Court to a period of “absolute” or indefinite disqualification, you can bring an application to that Court for them to restore your eligibility to hold a driver’s licence.
This can only occur once you have served a period of two years from the most recent licence disqualification.
An application of this kind requires accurate and considered legal advice. Please reach out to us for a no obligation discussion to learn more about these applications, and how our lawyers might be able to help you re-gain your licence.
Looking for More Information?
