What Is Unlicensed Driving with An Expired Licence or Never Held a Licence?
Driving without a valid driver’s licence in Queensland is an offence. There are many types of unlicensed driving offences depending on the circumstances.
This page is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of the interpretation of the contents of this page. It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.
At the low end of the scale, unlicensed driving applies to people who have forgotten to renew their licences. At the high end of the scale, unlicensed driving also applies to people who have been disqualified from driving by a Queensland Magistrate and have been caught driving before their disqualification period ends. The scale of the offence and whether a person’s licence will be disqualified depends on the circumstances of the charge.
Unlicensed Driving – never held a licence applies in the circumstance where the driver is not authorised to drive on the roads because they have failed to obtain a licence. It does not include a person unauthorised to drive due to disqualification.
If you have been charged with unlicensed driving or driving with an expired license, it is best to get legal advice. Contact our expert lawyers at Brooke Winter Solicitors today for more information.
The Law Regarding Driving Without a Licence
Section 78 of the Transport Operations (Road Use Management) Act (Qld) states;
(1) A person must not drive a motor vehicle on a road unless the person holds a driver’s licence authorising the person to drive the vehicle on the road.
(3) If the court convicts a person of an offence against subsection (1) and any of the following circumstances apply, the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver’s licence for the period mentioned in relation to the circumstance
- (k) if, at the time of committing the offence, the person had never held a driver’s licence for at least 3 months.
Elements of Driving with an Expired Licence
It is the duty of the prosecutor to prove beyond a reasonable doubt that the defendant has committed the offence. Every charge has a number of elements that the prosecutor must prove beyond a reasonable doubt. For the charge of unlicensed driving either with an expired licence or if you’ve never held a licence the prosecution must prove;
- Defendant – The Prosecutor has to prove the identification of the offender;
- Did Drive;
- A Motor Vehicle;
- On a Road Or Road Related Area;
- and they were Not the Holder Of A Valid Driver’s Licence (never held one or expired)
Maximum Penalties for Unlicensed Driving
There is a mandatory minimum disqualification period of 3 months as set out in legislation. The actual disqualification period you will receive depends on the severity of the breach and the Magistrate’s discretion.
Further to a disqualification period, the court may impose the maximum penalty of $4712 fine or 1 year imprisonment.
It is not possible to apply for a work licence or special hardship licence or any other type of authorisation to drive if you are found guilty of disqualified driving.
Driving Without Licence Fines and Convictions
In Queensland, if a person is convicted of unlicensed driving due to an expired license or because they’ve never held a licence then the court could impose one of the following penalties in conjunction with the disqualification period:
- Jail (suspended, parole or actual time);
- Intensive Corrections
- Order;
- Probation;
- Community Service Order;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the defendant.
Possible Defences for Unlicensed Driving
There are a number of defences available to unlicensed/expired licence charges. Not every defence is available for every charge. You will need to seek specific legal advice to see if you have a defence available to you for this charge. Some of the common defences available in criminal charges are;
- Necessity;
- Mistake of Fact;
- Public Safety;
- Self Defence or defence of another person;
- Intoxication;
- Provocation;
- Accident;
- Duress;
- Compulsion;
- Insanity;
- Automatism
Which court will your matter be heard in?
The charge of unlicensed driving will be heard in the Magistrates Court of Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrate’s Court.
What should I do if the police want to speak to me about an unlicensed driving allegation or if I am charged with unlicensed driving?
You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert
If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert criminal lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
What is Unlicensed Driving - Repeat Offender?
It is illegal in Queensland to drive on a road without a valid driver’s licence. A repeat offender of unlicensed driving gets accordingly severe penalties.
This page is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of the interpretation of the contents of this page. It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.
There are many different types of unlicensed driving that apply in various circumstances. At the low end of the scale, unlicensed driving applies to people who have forgotten to renew their licences. At the high end of the scale, unlicensed driving applies to people who have been disqualified from driving by a Queensland Magistrate and have been caught driving before their disqualification period ends. The scale of the offence and whether a person’s licence will be disqualified are determined by the circumstances of the charge.
The offence of unlicensed driving – repeat offender is applicable in the circumstance where a driver who is unlicensed at the time of driving and has been convicted previously in the last five years.
If you have been charged with repeat offender unlicensed driving, contact our team of expert lawyers at Brooke Winter Solicitors today for legal advice.
The Law in Regards to Repeat Offenders of Unlicensed Driving
Section 78 of the Transport Operations (Road Use Management) Act (Qld) states;
(1) A person must not drive a motor vehicle on a road unless the person holds a driver licence authorising the person to drive the vehicle on the road.
(3) If the court convicts a person of an offence against subsection (1) and any of the following circumstances apply, the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for the period mentioned in relation to the circumstance—
- (h) if the person committed the offence while the person was a repeat unlicensed driver for the offence—a period, of at least 1 month but not more than 6 months, decided by the court;
Elements of the Offence of Repeat Offenders of Unlicensed Driving
It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed the offence. Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt. For the charge of Unlicensed Driving – Repeat Offender the Prosecution must prove;
- Defendant – The Prosecutor has to prove the identification of the offender;
- Did Drive;
- A Motor Vehicle;
- On a Road Or Road Related Area;
- 5. and their Licence was Suspended
- Repeat Offender- The Prosecution must provide that the offender has been convicted previously of unlicensed driving in the last 5 years.
Maximum Penalty for Unlicensed Driving as a Repeat Offender
There is a mandatory minimum disqualification period of 1-month as set out in legislation and there is a maximum disqualification period of 6-months. The actual disqualification period you will receive depends on the circumstances and the Magistrate’s discretion.
Further to a disqualification period, the court may impose the maximum penalty of $4712 fine or 1 year imprisonment.
It is not possible to apply for a work licence or special hardship licence or any other type of authorisation to drive if you are found guilty of disqualified driving.
Convictions for Repeat Offenders of Unlicensed Driving
In Queensland, if a person is convicted of unlicensed driving as a repeat offender, then the court could impose one of the following penalties in conjunction with the disqualification period:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the defendant.
Possible Defences for Repeat Offenders of Unlicensed Driving
There are a number of defences available to charges at law. Not every defence is available to every charge. You will need to seek specific legal advice to see if you have a defence available to you for this charge. Some of the common defences are;
- Necessity;
- Mistake of Fact;
- Public Safety;
- Self Defence or defence of another person;
- Intoxication;
- Provocation;
- Accident;
- Duress;
- Compulsion;
- Insanity;
- Automatism
Which court will your matter be heard in?
The charge of unlicensed driving – repeat offender will be heard in the Magistrate’s Court of Queensland. The charge will be heard and determined by a magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrate’s Court.
What should I do if the police want to speak to me about an unlicensed driving - repeat offender allegation or if I am charged with it?
You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert
If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
This article is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.
What is High-Range Drink Driving?
It is an offence in Queensland to drive a vehicle whilst your blood alcohol is above the legal limit. High Range Drink Driving is commonly known as driving under the influence or DUI for short. You are found to be high range drink driving when you are driving a vehicle with a blood alcohol concentration (BAC) of over 0.15%.
High range drink driving is the most serious offence of its kind and holds a maximum penalty of 9 months imprisonment for a first offence or a fine up to 28 penalty units, currently being $3,736.60.
The penalties increase if it is a second or subsequent offence within a 5 year period.
When charged with high range drink driving your licence will be immediately suspended until the charge against you is determined in Court.
You are not eligible to make an application for a restricted work licence. At the conclusion of your court disqualification you will have to have an alcohol interlock device installed in your car if you want to get your drivers licence back from Queensland Transport.
The Law:
Section 79(1) of the Transport Operations (Road Use Management) Act (Qld) states;
Offence of driving etc. while under the influence Any person who, while under the influence of liquor or a drug—
(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor vehicle, tram, train or vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel;
is guilty of an offence
Elements of the Offence:
It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed the offence. Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt. For the charge of Drink Driving the Prosecution must prove;
- Defendant – The prosecutor has to prove the identification of the offender;
- Did Drive or was in charge of a motor vehicle;
- A Vehicle – as defined under the legislation;
- On a Road or Road Related Area;
- Blood Alcohol Concentration – with a blood alcohol concentration (BAC) of over 0.150%
Maximum Penalty for High Range Drink Driving:
High range drink driving is the most serious offence of its kind and hold a maximum penalty of 9 months imprisonment for a first offence or a fine of $3,080.00
Any second, or subsequent offences within a period of 5 years carries a maximum penalty of 18 months imprisonment or a fine of 60 penalty units.
For third and any subsequent offences within a period of 5 years of the first offence the law requires the Court to impose a sentence which includes imprisonment. This does not necessarily mean the individual is required to serve the full sentence.
Disqualification:
Upon convicting a person of high range drink driving a court is required to disqualify that them from holding or obtaining a Queensland driver’s licence for a minimum of 6 months for a first offence, a minimum of 1 year for a second, and a minimum of 2 years for any subsequent, offences. A court is empowered to disqualify a person absolutely (meaning they can never hold or apply for another Queensland driver’s licence) even for a first high range drink driving offence (though in practice this is rare). If more than one period of disqualification is imposed (for example for repeat offences), they must be served cumulatively (that is, each period of disqualification does not commence until the previous one has expired).
Upon convicting a person of high range drink driving the Court is required to have an Alcohol Ignition Interlock device fitted to their nominated vehicle for a period of 12 months once they receive their licence back.
Convictions:
In Queensland, if a person is convicted of Drink Driving – High Range, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.
Possible Defences:
There are a number of defences available to charges at law. Not every defence is available to every charge. You will need to seek specific legal advice to see if you have a defence available to you for this charge. Some of the common defences available in criminal charges are;
- Necessity;
- Mistake of Fact;
- Public Safety;
- Self Defence or defence of another person;
- Intoxication;
- Provocation;
- Accident;
- Duress;
- Compulsion;
- Insanity;
- Automatism
The charge Drink Driving – High Range will be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court.
You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
High-Range Drink Driving Lawyer
If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
This article is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.
What is Low-Range Drink Driving?
It is an offence in every state and territory of Australia to drive whilst alcohol is present in your system above the legal limit. Some states and territories have slightly different rules. This article outlines the position in Queensland in relation to Low Range Drink Driving. It is also known as being over the general alcohol limit but not under the mid alcohol limit.
You are found to be Low Range Drink Driving when you are driving a vehicle with a blood alcohol concentration (BAC) of between 0.050% and 0.099%.
Low range drink driving is the holds a maximum penalty of 3 months imprisonment for a first offence or a fine up to 14 penalty units.
The penalties increase if it is a second or subsequent offence within a 5 year period.
When charged with Low Range Drink Driving your licence will be suspended by the police for a period of 24 hours. As long as your licence is otherwise valid, you will be able to continue to drive until the charge against you is determined in Court.
You may be eligible to make an application for a s.87 Restricted Work Licence.
The Law:
Section 79(2) of the Transport Operations (Road Use Management) Act (Qld) states;
Offence of driving etc. while over general alcohol limit but not over middle alcohol limit Any person who, while the person is over the general alcohol limit but is not over the middle alcohol limit—
(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor vehicle, tram, train or vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel;
is guilty of an offence
Elements of the Offence:
It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed the offence. Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt. For the charge of Drink Driving the Prosecution must prove;
- Defendant – The Prosecutor has to prove the identification of the offender;
- Did Drive or was in charge of a motor vehicle;
- A Vehicle – as defined under the legislation;
- On a Road or Road Related Area;
- Blood Alcohol Concentration – with a blood alcohol concentration (BAC) of over 0.050% or over but under 0.100%
Maximum Penalty for Drink Driving - Low Range:
There is a maximum penalty of 3 months imprisonment or a fine of 14 penalty units.
Disqualification:
There is a mandatory disqualification period of your drivers licence of a minimum period of 1 month and maximum period of 9 months. The actual length of the disqualification will be at the discretion of the Magistrate.
You may be eligible to make an application for a restricted work licence if;
You are the holder of a current open class Queensland Drivers Licence; and
You have not had any previous disqualifications, suspensions (except SPER) or cancellations of your drivers licence in the last 5 years; and
You need your drivers licence for work purposes.
Convictions:
In Queensland, if a person is convicted of Drink Driving – Low Range, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.
Possible Defences:
There are a number of defences available to charges at law. Not every defence is available to every charge. You will need to seek specific legal advice to see if you have a defence available to you for this charge. Some of the common defences available in criminal charges are;
- Necessity;
- Mistake of Fact;
- Public Safety;
- Self Defence or defence of another person;
- Intoxication;
- Provocation;
- Accident;
- Duress;
- Compulsion;
- Insanity;
- Automatism
The charge Drink Driving – Low Range will be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court.
You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Low-Range Drink Driving Lawyer
If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
This article is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.
What is Mid-Range Drink Driving?
It is an offence in every state and territory of Australia to drive whilst alcohol is present in your system. Some states and territories have slightly different rules. This article outlines the position in Queensland in relation to Mid Range Drink Driving. It is also known as being over the mid alcohol limit but not under the high alcohol limit.
You are found to be Mid Range Drink Driving when you are driving a vehicle with a blood alcohol concentration (BAC) of between 0.100% and 0.149%.
Mid range drink driving is the holds a maximum penalty of 6 months imprisonment for a first offence or a fine up to $2,200.00.
The penalties increase if it is a second or subsequent offence within a 5 year period.
When charged with Mid Range Drink Driving your licence will be suspended by the police until the charge against you is determined in Court. You may be able to make an application to the court to get your drivers licence back until your drink driving charge is finalised in court. This is called a s.79E application.
You may be eligible to make an application for a s.87 Restricted Work Licence.
The Law:
Section 791(F) of the Transport Operations (Road Use Management) Act (Qld) states;
Offence of driving etc. while over middle alcohol limit but not over high alcohol limit Any person who, while the person is over the middle alcohol limit but is not over the high alcohol limit—
(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor vehicle, tram, train or vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel;
is guilty of an offence
Elements of the Offence:
It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed the offence. Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt. For the charge of Drink Driving the Prosecution must prove;
- Defendant – The Prosecutor has to prove the identification of the offender;
- Did Drive or was in charge of a motor vehicle;
- A Vehicle – as defined under the legislation;
- On a Road or Road Related Area;
- Blood Alcohol Concentration – with a blood alcohol concentration (BAC) of over 0.100% or over but under 0.149%
Maximum Penalty for Mid-Range Drink Driving:
There is a maximum penalty of 3 months imprisonment or a fine of 14 penalty units.
Disqualification:
There is a mandatory disqualification period of your driver’s licence of a minimum period of 3 months. The actual length of the disqualification will be at the discretion of the Magistrate.
You may be eligible to make an application for a restricted work licence if;
- You are the holder of a current open class Queensland Drivers Licence; and
- You have not had any previous disqualifications, suspensions (except SPER) or cancellations of your drivers licence in the last 5 years; and
- You need your drivers licence for work purposes.
Convictions:
In Queensland, if a person is convicted of Drink Driving – Mid Range, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.
Possible Defences:
There are a number of defences available to charges at law. Not every defence is available to every charge. You will need to seek specific legal advice to see if you have a defence available to you for this charge. Some of the common defences available in criminal charges are;
- Necessity;
- Mistake of Fact;
- Public Safety;
- Self Defence or defence of another person;
- Intoxication;
- Provocation;
- Accident;
- Duress;
- Compulsion;
- Insanity;
- Automatism
The charge Drink Driving – Mid Range will be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court.
You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Mid-Range Drink Driving Lawyer
If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court. Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
Special Hardship licences only apply to Queensland. You may be eligible to make an SHO if;
- You accumulate too many demerit points OR/
- You are booked by the police for a high speed offence (Over 40 kilometers per hour over the limit).
In these circumstances you will receive a notice from Queensland Transport advising you of the date of the suspension of your driver’s licence. You will need to file the application in the Magistrates Court District in which you reside within 21 days AFTER the suspension of your driver’s licence. You are NOT eligible to apply for an SHO if, within the last 5 years;
- You have previously made an application for an SHO;
- Your licence has been suspended or cancelled or disqualified;
- You were not licenced at the time of the incident;
- You have been convicted of dangerous driving.
An SHO will permit you to drive a motor vehicle with the following conditions;
- Purpose of driving;
- Class of motor vehicle that may be driven;
- Times in which you can drive;
- That a copy of the order must be carried by you whilst driving.
In order to make an SHO you must attend to the following tasks;
- File the application in court;
- File your completed affidavit;
- File your employers affidavit (if you are not self-employed); and
- Serve a copy of the above material on Queensland Transport.
At the hearing of your application you must prove to the court;
- That you are a fit and proper person to be the holder of a licence; AND
- That a refusal to grant the order will cause either extreme financial hardship or severe and unusual hardship.
These applications can be tricky. If you make a mistake, your application could be refused. How much have you got riding on your driver’s licence? We can help you professionally prepare your application and represent you in court. Contact us today to arrange a consultation to discuss your matter.
What is Dangerous Operation of a Motor Vehicle?
The charge of ‘Dangerous Operation of a Motor Vehicle,’ is commonly referred to by lawyers and Police as “dangerous driving” or “dangerous op.” It is one of the most serious driving offences in Queensland. Unlike most other driving and traffic related offences in Queensland that appear under the Transport Operations Act, this offence appears under the Criminal Code Qld. What behaviour amounts to “dangerous” driving can be difficult to define and is not technically defined under the legislation. The Criminal Code explains that this offence includes operating a vehicle at a speed or manner that is dangerous to the public.
The word “dangerous” is given its ordinary meaning and the nature of what is “dangerous” is assessed objectively considering what the community would expect from a cautious and competent driver. Often, when charging defendants with this offence, police will consider and rely on the observations of other road users to assess the dangerous actions of the defendant on the road including their speed and vehicle movement. In Queensland, this offence can be aggravated by the defendant for example if they are affected by intoxicating substances or taking part in a race at the time of the dangerous operation of their vehicle.
Section 328A of the Criminal Code (Qld) 1899 states;
(1) A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour.
(2) If the offender—
(a) at the time of committing the offence is adversely affected by an intoxicating substance; or
(b) at the time of committing the offence is excessively speeding or taking part in an unlawful race or unlawful speed trial; or
(c) has been previously convicted either upon indictment or summarily of an offence against this section;
the person commits a crime.
“operates, or in any way interferes with the operation of, a vehicle dangerously” means operate, or in any way interfere with the operation of, a vehicle at a speed or in a way that is dangerous to the public, having regard to all the circumstances, including—
(a) the nature, condition and use of the place; and
(b) the nature and condition of the vehicle; and
(c) the number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place; and
(d) the concentration of alcohol in the operator’s blood or breath; and
(e) the presence of any other substance in the operator’s body.
Elements of a Hoon Offence
It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed a hoon offence. Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt. For the charge of Dangerous Driving or Hooning the Prosecution must prove;
Simpliciter Offence
- Defendant – The Prosecutor has to prove the identification of the offender;
- Operated;
- A Motor Vehicle or Interfered with the Operation of a Vehicle;
- On a Road or Road Related Area;
- Dangerously;
Aggravated Offence
- Defendant – The Prosecutor has to prove the identification of the offender;
- Operated;
- A Motor Vehicle or Interfered with the Operation of a Vehicle;
- On a Road or Road Related Area;
- Dangerously;
- Whilst;
Adversely Affected by Intoxicating Substance; and / or
Excessively Speeding; or
Taking part in a Race; and / or and / or
Previously Convicted of the Same Offence
Can you go to jail for dangerous driving?
The maximum penalty for a dangerous operation of a motor vehicle offence is between three years imprisonment to five years imprisonment.
In Queensland, if a person is convicted of Dangerous Operation of a Motor Vehicle, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the traffic offence and the individual circumstances and background of the Defendant.
Possible Defences for a Dangerous Driving Charge
There are a number of defences available to a dangerous driving charge but not every defence is available to every charge. You will need to seek specific legal advice to see if you have a defence available to you for a hooning charge. Some of the common defences available in criminal charges are;
- Necessity;
- Mistake of Fact;
- Public Safety;
- Self Defence or defence of another person;
- Intoxication;
- Provocation;
- Accident;
- Duress;
- Compulsion;
- Insanity;
- Automatism
Which Court will your dangerous driving matter be heard in?
Simpliciter Offence
The charge Dangerous Operation of a Motor Vehicle will ordinarily be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court. The Defendant may however elect to have the matter heard in the District Court.
Aggravated Offence
If there is a circumstance of aggravation attached to the charge (see Element 6 above) then the charge is too serious to be dealt with by a Magistrate and must proceed to the District Court. In that event a committal hearing will be conducted in the Magistrates Court and the matter will proceed to the District Court. If the Defendant pleads guilty to the charge then the sentence will be conducted by a District Court Judge. If the Defendant pleads not guilty then the trial will be heard before a Judge and Jury.
What should I do if the police want to speak to me about a Dangerous Operation of a Motor Vehicle allegation or if I am charged with a Dangerous Driving offence?
You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to phone a friend, relative or lawyer.
Call an Expert Dangerous Driving Lawyer
If you are charged traffic offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert dangerous driving lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
Caught Driving Without a Licence?
You may be stopped driving by the police and charged with an offence of unlicensed driving because:
- Your licence has expired or you have never held a licence;
- Your licence is suspended by the State Penalties and
- Enforcement Register (SPER). For this offence there is a mandatory MINIMUM disqualification of 1 month;
- Your licence has been suspended because of the accumulation of demerit points. For this offence there is a mandatory MINIMUM disqualification of 6 months;
- You have previously been to court and your licence was disqualified. For this offence there is a mandatory MINIMUM disqualification of 2 years.
Severe penalties can apply in some circumstances, including imprisonment and lengthy periods of disqualifications. You should obtain legal advice quickly from an expert to protect your interests.
Contact our experienced traffic lawyers today to discuss your matter.
Call an Expert Disqualified Driving Lawyer
If you are charged with a traffic offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert dangerous driving lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
If you are charged with drink driving in Queensland, then you may be eligible to make an application to drive for work purposes.
Work licence applications are not available for offences committed in New South Wales.
To be eligible to apply for a QLD work licence you must:
- Be the holder of an open Queensland Drivers Licence; AND
- Have a reading below 0.150%; AND
- Have not had any previous major offences in the last 5 years; AND
- Not have been driving for work purpose at the time of the offence
To be eligible for a restricted work licence, you must demonstrate to the court that
- You are a fit and proper person to be the holder of a drivers licence; AND
- That without a licence you would be deprived from the means of earning your livelihood
To make a work licence application in QLD, you will need to complete the following documents;
- Work Licence Application Form AND
- Your Affidavit; AND
- Your Employers Affidavit (if you are not self employed)
These applications can be tricky. If you make a mistake, your application could be refused. How much have you got riding on your driver’s licence? We can help you professionally prepare your application and represent you in court. Contact us today to arrange a consultation to discuss your matter.
What is Drug Driving?
It is an offence in Queensland to be found to be driving a vehicle while a drug is present in your system. There are two types of offences that fall into this category;
Driving under the Influence of Drug
Driving under the influence of a drug is treated the same as high range drink driving. However, Police do not have to prove a prescribed concentration of a drug, simply that the person is under the influence of the drug.
Driving Whilst Relevant Drug Present in system
This is a slightly less serious charge. For the charge of Driving Whilst Relevant Drug Present, the police do not need to prove that the person was in any way affected by the drug, they just need to prove that the relevant drug was in their system. The three types of drugs that the police generally test for are; Cannabis, Meth and Ecstasy.
If you are charged with drug driving then there is a mandatory minimum disqualification of your drivers licence of 1 month. You may be eligible to make an application for a restricted work licence.
When you are stopped by the police they will subject you to a roadside test. If that test provides a positive result then they will detain you for the purposes of a secondary test. The police will probably suspend your drivers licence for 24 hours at that time. That secondary test will be sent off to the laboratory to be analysed. If that second test proves positive then the police will issue you with a notice to appear to go to court.
Section 79(2AA) of the Transport Operations (Road Use Management) Act (Qld)
This law states the offence of driving etc. while relevant drug is present in blood or saliva or
Any person who, while a relevant drug is present in the person’s blood or saliva —
(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor vehicle, tram, train or vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel;
is guilty of an offence
Elements of a Drug Driving Offence
It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed the offence. Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt. For the charge of Driving Whilst Relevant Drug Present the Prosecution must prove;
- Defendant – The Prosecutor has to prove the identification of the offender;
- Driving – The person must be driving or in charge of the motor vehicle;
- Vehicle – It must be a ‘vehicle’ as defined under the legislation;
- On a road or road related area
- Drug – The item detected must be an illicit drug
- Was present – The drug must be present in your system.
Drug Driving Penalties
If you are convicted of drug driving you are liable to a maximum penalty of imprisonment not exceeding 3 months, or a fine of up to 14 penalty units.
For second or subsequent offences the penalties increase. Namely a second offence within 5 years, carries a maximum penalty of 6 months imprisonment and/or a 20 penalty unit fine.
For a third, and any subsequent, offence within 5 years the maximum penalty increases to a maximum 9 months imprisonment and/or a 28 penalty unit fine.
Disqualification
Upon convicting an individual of drug driving the Court is required to disqualify them from holding or obtaining a licence for a minimum of 1 month for a first offence.
For a period of 3 months for a second offence, and an automatic period of 6 months for a third or subsequent offence.
You may be eligible to make an application for a restricted work licence if;
- You are the holder of a current open class Queensland Drivers Licence; and
- You have not had any previous disqualifications, suspensions (except SPER) or cancellations of your drivers licence in the last 5 years; and
- You need your drivers licence for work purposes
Will I lose my licence for drug driving?
In Queensland, if a person is convicted of Drug Driving, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.
Possible Defences to a Drug Driving Charge
There are a number of defences available to drug driving charges, but not every defence is available to every charge. You will need to seek specific legal advice to see if you have a defence available to you for a drug driving charge. Some of the common defences available in criminal charges are;
- Necessity;
- Mistake of Fact;
- Public Safety;
- Self Defence or defence of another person;
- Intoxication;
- Provocation;
- Accident;
- Duress;
- Compulsion;
- Insanity;
- Automatism
Which Court will my drug driving matter be heard in?
The charge of Drug Driving will be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court.
What should I do if the police want to speak to me about a Drug Driving allegation or if I am charged with Drug Driving?
You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to phone a friend, relative or lawyer.
Call an Expert Drug Driving Lawyer
If you are charged with a drug driving offence, it is very important that you seek immediate legal advice. Our team of drug driving lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
FAQs
How do the Police test drivers for drugs?
Similar to drink driving, under the law, the Police can ask you to pull over at any time and request a random drug test from you. This initial test is generally done by Police taking a swab sample of your saliva. Further, if the Police reasonably suspect that you have been driving or have been in charge of a vehicle whilst under the influence of drugs, they can make you take a blood test.
Failing to provide police with a specimen of your saliva or blood when requested and without lawful excuse can result in being charged and having to go to court. If found guilty and convicted of failing to provide a specimen, you will face strict penalties and lengthy disqualification periods.
What types of drugs are police testing for?
Similar to drink driving, under the law, the Police can ask you to pull over at any time and request a random drug test from you. A saliva test will generally detect drugs such as cannabis, MDMA, and methylamphetamine (Speed or Ice).
If you have taken any of these drugs, they are likely to stay in your system for long periods of time and you should be aware of this prior to driving or being in charge of a vehicle. If you are caught drug driving, the police do not have to prove that you were not driving safely. It is simply enough to have drugs in your system at the time of driving a vehicle or being in charge of a vehicle to be charged with an offence.
The police say that I have drugs in my system but I was not under the influence at the time of driving?
If you are the driver of a motor vehicle and the police require that you provide a mouth swab for the purpose of the detection of drugs, then you must comply with their request. If you fail to provide a sample then you may be charged. If a positive preliminary sample is provided on the roadside then the police will request that you provide a second test. You must comply with that request. The second test will be sent to the police laboratory for analysis. If that second test is positive then you will be served with an analyst certificate and a notice to appear to go to court.
It does not matter that you were not under the influence of drugs at the time of driving, the offence is driving whilst relevant drugs are present in your system.
Will a conviction be recorded if I am convicted of a drink driving or drug driving offence?
If you are found guilty or plead guilty to offences concerning drink or drug driving, a conviction will likely be recorded against you on your traffic history. In Queensland, there are both traffic histories and criminal histories. A conviction for drink or drug driving does not appear on your criminal history.
Under section 12 of the Penalties and State Sentences Act, the court has the power to consider whether or not to record a conviction in circumstances where a person has not received a term of imprisonment. If you are not subject to a term of imprisonment and you wish for the court to consider not recording a conviction against you, you need to make submissions concerning the following factors and why you say a conviction ought not be recorded:
- the nature of the offence; and
- Your character and age; and
the impact that recording a conviction will have on you including your economic or social well being or your chances of finding employment.
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