Traffic Offences Queensland

Traffic Offences Queensland

Brisbane, Toowoomba, Gold Coast, Queensland

Traffic infringement notices can have a significant impact on your life. It can be issued for more than just speeding fines, but it does usually involve road safety offences which occur on a Queensland road. A traffic infringement notice is issued to the driver for offences of speeding, failing to stop at a red light or sign, use of a mobile phone whilst driving or not wearing a seatbelt. These offences can cause financial distress due to the imposition of a fine or the loss of licence due to demerit points accrual.


Our team are able to assist you with these matters across the entire State of Queensland. We have traffic lawyers based in Brisbane, Gold Coast and Toowoomba. This enables us to be able to service a wider area from these bases. Toowoomba allows us to extend across the Darling Downs and across South West Queensland. Brisbane allows us to have a Capital City base, and we can travel to far north Queensland, Central Queensland or surrounding Brisbane suburbs.

Offences and impacts

Traffic offences include drug driving, drink driving (DUI), dangerous driving, and driving disqualified or driving unlicensed.


The penalties imposed for traffic offences are not insignificant. Penalties include the incursion of demerit points, imposition of a fine, community service, probation orders, or even periods of actual jail in serious circumstances or where repeat offending occurs.


One of the longer term impacts is that many offences carry a mandatory period of licence disqualification. This means that certain offences require you to be prohibited from driving for a minimum period, regardless of any special circumstances that apply to your specific scenario.


Another long term impact can be the accrual of demerit points for certain types of traffic offences. For instance, if you are driving:-


1 - 11km h over the designated speed limit - 1 demerit point is accrued;

11lm h - 20km h over the designated speed limit - 3 demerit points are accrued;

20km h - 30km h over the designated speed limit - 4 demerit points are accrued;

30km h - 40km h over the designated speed limit - 6 demerit points are accrued;

More than 40 km h over the designated speed limit - 8 demerit points are accrued.


Therefore, it is important that you speak with a knowledgeable traffic lawyer.


Don't get the wrong result because you engaged the wrong lawyer.

Solutions

First and foremost, our experienced solicitors will complete a full case assessment of your matter. This includes obtaining all the necessary details and records to allow us to provide you with advice regarding the likelihood of success should you wish to contest the charge and wish to take the matter to trial.


Trial involves requiring the Prosecutions to prove beyond a reasonable doubt the elements of the offence which you are charged with. The Prosecuting authority may use evidence from any cameras, police officers, other witnesses or anything else to support their case against you.


Alternatively, our team can assist you with any sentence in the Magistrates Court. This involves you indicating that you plead guilty to the offence and receiving a penalty. Our solicitors are experienced at preparing for and appearing in matters where serious consequences are on the line. Whilst some matters do have mandatory minimum penalties, your solicitor will advocate for the minimum only and seek to achieve the best possible result for you.


We will take you through any criminal or traffic history which you may have and ensure that the relevant Court is aware of the circumstances leading to previous offending and how these offences may be similar or different to the current situation.


Our team are able to assist you to apply for a special hardship or work licence if the traffic offence will result in you accumulating too many demerit points or for you to be disqualified from holding a driver licence for a period.


Contact our knowledgeable team to day to find out if you are eligible for one of these solutions.

Eligibility for a Work or Special Hardship Driver Licence

We can work with you to complete a full case assessment and identify if you are eligible to apply for such a licence.



As a snapshot, to be eligible for a restricted work licence:-

  1. You must hold a current Queensland open licence;
  2. Your licence has not been suspended, cancelled or disqualified in the last 5 years;
  3. You must not have been convicted of dangerous driving, drink driving or similar offence in the last 5 years;
  4. Your blood alcohol reading was below 0.15% or you were convicted of driving with a relevant drug present in your system but not for being under the influence of drugs;
  5. Not have been driving on a licence which required your blood alcohol level to be zero;
  6. Not have been driving for work or any activity directly connected with your work or on a work licence already at the time of your charge.


As a snapshot, to be eligible for a special hardship driver licence unless, within the last 5 years:

  1. Your licence was suspended (including if you were granted a special hardship order); and/or
  2. You were disqualified from driving; and/or
  3. Your authority to drive in Qld on a non-Qld licence was cancelled; and/or
  4. You were convicted of dangerous driving; and/or
  5. You were made ineligible to apply for a licence as because of committing driving offences while unlicensed.

Our Traffic Law Team 

Areas

  • Speeding Fines
  • Drink Driving
  • Drug Driving
  • Driving without a licence
  • Dangerous Driving
  • Use of a mobile phone while driving
  • Innappropriate restraint or no seatbelt
  • fail to stop
  • evade Police
  • driving through a red light

Frequently Asked Questions

The Police want to talk to me about a matter, what should I do?

You have a right to silence. We recommend that you exercise your right and request to speak to a lawyer immediately. You can call our office to speak to a lawyer at any time of the day or night.


I have been charged by the Police what happens next?

The Police will decide whether they will issue with a Notice to Appear, release you on bail from the Watch House or hold you pending a decision by a Magistrate. A Notice to Appear is a notice to come to Court on a specified date. Bail is a promise to the Court to comply with any conditions and on that basis you are released from custody. This can be issued by the Watch House Sergeant or otherwise by making an Application before the Court. If you are not given either a Notice to Appear or Watch House Bail, then you will be held in custody pending the Court being able to hear your matter (usually that day, or the next).


What does it mean when my matters need to be “committed”?

A matter is committed when it is formally transferred from the Magistrates Court to a higher Court, either the District Court of Supreme Court. Which Court it is transferred to, depends on the seriousness of the charge. Not every matter is required to be transferred, as some can be dealt with in the Magistrates Court. 


What do I do if I am in the watch house?

We recommend that you immediately make arrangements to speak with a criminal lawyer. If you are in a watch house, you can ask the Sergeant of the watch house to allow you to make a call to a lawyer, of your choice. Alternatively, you can ask to call a friend or a family member who can advise them where you are and ask them to call a solicitor for you. 


Is drink driving a criminal offence?

Yes it is. Depending on the blood alcohol concentration (BAC) reading, will depend on the seriousness of the offence. We recommend you call us and make arrangements for an appointment to discuss this.


What is Bail?

Bail is where you are released into the community on certain conditions pending the resolution of any traffic offence you have been charged with. When you are on bail, you make a signed promise to the Court to comply with the conditions imposed.


Bail can be issued by the Watch house Sergeant, known as 'Watch house bail'. 


Alternatively, you can appear before the Court to make a bail application before a Magistrate in all instances, unless you are charged with Murder. The Magistrate may deny bail applications for a any number of reasons and Order that you spend time in custody while you are waiting for the natter to be finalised. 


If you are refused bail in the Magistrates Court you can apply for bail in the Supreme Court. 


What is a QP9?

QP9 stands for Queensland Police Form 9. This is a form that the police fill in when they charge you and it details the exact charge, and an outline of the facts against you. 


This document is usually picked up at the first mention of your matter before the Court, although you or your traffic lawyer can request a copy from the Police Prosecution department before hand.


Why do I need a traffic lawyer?

A traffic lawyer is a lawyer who works for a law firm to assist clients. 


A traffic lawyer is able to ensure that your rights are protected and that you understand the process, and consequences of the available options to you. This includes an explanation of the rights available to you such as the right to silence and ensuring that charges are proven beyond a reasonable doubt.


Good traffic will explain what the offence is that you are charged with and what needs to be proven for that offence. 


A good traffic lawyer can explain to you the prospects of your case, the options available and provide legal advice as to the recommended course moving forward. 


It is the role of a traffic lawyer to represent and advocate for you in Court. This means that they will speak on your behalf to the Court. 

Costs

Always upfront and clear about your legal costs

Fixed fee costs available

We don’t charge for administrative outlays such as the cost of photocopying, scanning documents, dialling a phone call, printing etc.

$1,650 - simple plea of guilty by solicitor in Brisbane Magistrates Court or Toowoomba Magistrates Court

$3,300 - $4,400 -  restricted or special hardship work licence application (depending on Court location)


Payment plans available

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