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Motor Vehicle (Traffic) Law

A dedicated and experienced team, ready to serve.

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Drink driving

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Careless driving

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Hooning laws; and

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Disqualified driving

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Dangerous driving causing death

Colville Johnstone Lawyers have a dedicated team of experienced Lawyers who regularly appear in the Magistrates Court, District Court and Supreme Court for clients charged with offences under the Traffic Transport Operations (Road Use Management) Act 1995 and the Police Powers and Responsibilities Act 2000, including:

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Failing to provide a breath or blood specimen

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Drug driving

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Dangerous driving

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Unlicenced driving

Needless to say, a conviction for any of the above Motor Vehicle Law offences can have serious consequences on your employment and family life, causing significant financial hardship and emotional stress.

 

Restricted Work Licences & Special Hardship Licenses:

Depending on the offence that you are charged with and your Traffic history, you may be eligible to make Application for a Restricted Work Licence or Special Hardship Licence (ie. Special Hardship Order).

 

Restricted Work Licences

Depending on the offence that you are charged with and your Traffic history, you may be eligible to make Application for a Restricted Work Licence or Special Hardship Licence (ie. Special Hardship Order).

To be eligible to apply for a Restricted Work Licence, you must:

1. Be charged with drink driving (with a Blood Alcohol Concentration (BAC) reading under 0.15%), or being in charge of a vehicle whilst over the limit, or driving with relevant drugs in your saliva or blood, or being in charge of vehicle with relevant drugs in your saliva or blood, or failing to supply a breath or saliva sample at the roadside (not at the station).
2. Hold a current “open” driver’s licence, issued in Queensland,
3. Not have been driving your vehicle directly connected with your employment or already on a work licence.

Additionally, you must prove that in the last five (5) years you have not:

1. Had your licence suspended or cancelled (some exemptions apply); or
2. Been convicted of drink driving; or
3. Been convicted of dangerous driving in Queensland.

Once the above requirements are met, you will need to ensure your Restricted Work Licence Application is:

1. Filed in the Court Registry before the Court orders you disqualified from driving,
2. Provide evidence to the Court that you are a “fit and proper person” to hold a Restricted Work Licence, and
3. Provide evidence to the Court that if you do not receive a Restricted Work Licence, it would cause you significant financial hardship.

You are not permitted to drive a motor vehicle under a restricted work licence for any purpose that is not work-related.

 

Special Hardship Licences

A Special Hardship Licence (or Special Hardship Order) is similar to a Restricted Work Licence, however is only available to persons who lose their licence as a result of receiving more than two demerit points when on a “good driving behaviour licence” for the 1 year period or exceeding the speed limit by more than 40km/h.

This type of Licence is eligible to persons on a Queensland Provisional Licence (as opposed to Restricted Work Licences) as well as persons on Open licences.

To be eligible for a Special Hardship Licence, you must not, within the previous 5 years:

1. Had your licence suspended, cancelled or disqualified; or
2. Exceeded the demerit threshold; or
3. Been convicted of driving more than 40 km/hr over the speed limit when you did not hold a driver licence; or
4. Had been convicted of dangerous driving in Queensland.

The filing of an Application for a Special Hardship Licence has strict time limits, that being within 21 days from the date a person’s licence is suspended (because of the loss of demit points or exceeding the speed limit by more than 40km/hr).

The Court will not grant a Special Hardship Licence unless it is satisfied, on the evidence filed with the Application, that:

1. The person is a fit and proper person to continue to drive, having taking into regard the safety of other road users and public; and

2. The refusal of the Special Hardship Licence would cause:

a. extreme financial hardship to you or your family by depriving you of your means of earning a living; or
b. severe and unusual hardship to you and your family, other than depriving you of your means or earning a living.

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Suite 1, 15 Middle Street, Cleveland QLD 4163

PO Box 212 Cleveland QLD 4163