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Traffic Law

At CBC lawyers, we regularly help everyday Queenslanders charged with traffic offences. We understand how scary the process can be and just how important it is to have a driver’s license.  That’s why our experienced lawyers are here to guide you through the process and reduce the stress and uncertainty that comes with appearing at court.

We explain everything in plain English because we understand how important it is for you to know your rights and what options are available to you. We also understand the costs associated with being charged with a traffic offence and that’s why we offer a fixed fee service. That way there are no surprises at the end of the matter.

Call us now, or schedule an appointment to find out how we can help you.

CBC can solve all of your traffic offence problems, including:

Drink Driving Offences
Careless Driving and Hoon Offences
Dangerous Driving Offices
Drug Driving
Speeding Fines

City to country, solve your legal problems today call (07) 4772 3644

Traffic Offences – FAQs

Simple traffic offences are those that are dealt with on the spot by the issuing of a Traffic Infringement Notice, a Notice to Appear or a Summons.

They include red light offences, failing to observe road signs and speeding.  More serious simple traffic offences include drink driving, dangerous driving or disqualified driving.

If you receive a Traffic Infringement Notice on the spot or in the mail, and agree that you did the wrong thing, the simplest way to deal with the punishment and move on is by paying the fine. Demerit points will be automatically deducted by the Department of Transport and the offence will usually be recorded in your traffic history.  If the fine is not paid, you will receive a summons to attend the Magistrates Court and things can get complicated.

If you genuinely believe that you did not do the wrong thing, we recommend you contact us so that we can advise you of your rights.

These are serious offences and include dangerous operation of a motor vehicle, and dangerous driving causing death. Due to the seriousness of these charges and the possible consequences, if you are charged with a criminal traffic offence we strongly recommend that you contact our office immediately so that we can give you the advice you need.

When a police officer finds a person committing a traffic offence or reasonably suspects that a person has committed one, they may require that person to state their name and address and produce a driver’s licence.  It is an offence to fail to provide the information or to give false information.

It is important to know that beyond providing your name, address and license to the police officer, you are entitled to remain silent when questioned about the alleged offence by a police officer, and this is exactly what we recommend that you do. By remaining silent you don’t inadvertently provide the police with information that they can use against you.

So, when questioned by the police, we strongly recommend that you give your name and address, followed by something along these lines:

I am happy to co-operate with you. However, my lawyer has previously told me not to be interviewed or answer any questions until I have consulted with them.

If you are convicted of a drink driving offence, you may be able to apply to the court for a licence which will allow you to drive at certain times of the day or between certain places for employment reasons only.  Applications for these licences are only available for certain drink driving convictions.  Before granting a Restricted Licence, the court must be satisfied that:

  • You are a fit and proper person to hold a Restricted Licence;
  • Refusal of the licence would cause extreme hardship to you or your family;
  • Your provisional or open licence has not been suspended, cancelled or disqualified in the previous five years;
  • The offence related to a blood alcohol concentration of less than 0.15%;
  • You held a provisional or open licence at the time of the offence;
  • You did not commit the offence whilst you were engaged in work related activities; and
  • You have not previously been convicted of a drink driving or dangerous operation offence in the previous five years.

Applications for a Restricted Licence can only be made at the hearing of the drink driving charge once you have accepted that you are guilty of the offence but before a disqualification period has been imposed.  Usually this means that you would enter a guilty plea at the first mention of the matter before the court and then your application for a Restricted Licence will be heard at a later date. This is so that the necessary application and supporting documents can be prepared and delivered to the court for its consideration.

Licence Suspension

Your licence may be suspended if you have been charged or convicted of a traffic offence.  This means that you can’t drive for the length of time that the court has ordered.

Disqualification of Licence

If you are convicted of a drink driving offence, you will be automatically disqualified from holding or obtaining a driver’s licence.  The length of the disqualification will depend on a number of factors considered by the court which include your recorded blood alcohol concentration, your manner of driving, any mitigating factors, your character and your driving history.

Cancellation of Licence

If a court disqualifies you from driving, every licence you hold from the Queensland Department of Transport is then cancelled from the date of disqualification.  At the end of the disqualification period, you must apply for a new licence (or licences) to drive.

If you are caught driving without a licence (due to cancellation, non-renewal or you didn’t have a licence to start with) you will face more severe penalties.

Fines

You will also receive a fine if convicted of a traffic offence.  The court will consider a number of things when deciding the amount of the fine.

The table* below demonstrates the maximum fine allowable and the range of suspension that the court may order for a number of offences.  These are the maximums, and the fine will generally be lower than this, unless your office is very serious, or you are a repeat offender.

Offence Fine (max) Suspension
Drink Driving (first time offence)
  • BAL 0.05 to 0.1
  • BAL 0.1 to 0.15
  • BAL 0.15+

Drink Driving (multiple offences)

$1,649.00$2,359.00

$3,298.00
$7,068.00

1 month to 9 months3 month to 12 months

Minimum of 6 months
Up to 2 years

Driving with a suspended licence $4,400.00 1 month to 6 months
Driving with a disqualified licence $6,600.00 2 years to 5 years
Driving when immediately suspended $4,400.00 2 years to 5 years
Driving without a licence $6,600.00 N/A

* Information correct as at 1 July 2015

This table does not cover situations where you are convicted of multiple offences or if you are charged while on good behaviour.  Re-offenders and people charged when on a good behaviour bond face more serious fines and suspensions.

Detention

For some traffic matters, detention (imprisonment) and detention related punishments are an option available to the court.

If you are charged with a criminal traffic offence, we recommend you consult with us to discuss the possible consequences of the offence.