DUI, Drink & Drug Driving, Traffic & Licences

DUI, Drink Driving, Drug Driving, Traffic Offences & Licences
Aitken Whyte Lawyers Gold Coast

DUI, Drink Driving, Drug Driving and Traffic Offence Lawyers And Solicitors Gold Coast, Qld

DUI, Drink Driving Laws, Penalties - Traffic Offences and Licences – Gold Coast, Qld

Aitken Whyte Lawyers on the Gold Coast deal with all drink driving, drug driving, traffic offence matters and licensing issues. We have vast experience in this area and provide a large range of services in relation to these offences. If you have been charged with one of these offences or are having licensing issues, we suggest that you seek legal advice as soon as possible to try to obtain the best possible outcome for you.

Our solicitors regularly represent clients in court on drug and drunk driving matters, traffic offence matters, and unlicenced and disqualified driving. While there is often a belief that people can represent themselves to save money and still achieve an optimal outcome, the drink driving laws and laws relating to these matters are complex and constantly changing.

The expertise and professionalism of our drink driving lawyers will ensure that your matter runs smoothly and you are facing the best possible outcome in your case. Often, being required to go to court in a matter such as these is a stressful and unwanted experience, and we assist in making it as painless as possible for you. Our personal service at Aitken Whyte gives you the most control possible in achieving a good outcome, and giving you your best chance.

DUI, Drink Driving and Drug Driving

If you are found driving on Queensland Roads over the alcohol limit or with drugs in your system, you will have your licence disqualified and be charged with an offence. There is no way to escape disqualification – when your matter is dealt with in the Magistrates Court it will merely be a matter of how long the disqualification will be for, and what the penalty for your offence will be. At Aitken Whyte we will advise you as to what DUI penalties and what period of disqualification you will likely be facing – and how, if possible, you may be able to minimise this.

The drink driving penalties involved will largely depend on the type of licence you hold, whether this is your first offence, and if you were driving under the influence of alcohol, your blood alcohol reading and how far over the drink driving limit you were. If this is your first offence, the minimum disqualification period is 1 month and it can continue for up to 12 months. The penalties will be much more serious depending on the number of offences and your blood alcohol level. You may be facing potential probation periods, driving programs, or imprisonment (including suspended sentences).

It is our role as your legal representation to ensure that you are presented in the best light possible and that you return to the roads as soon as possible.  We will make your likely prospects clear to you before you go to court, and present your circumstances to the court in order to help you achieve the minimum possible penalty in the situation you are in.

Work licenses

Given that traffic offences and drink driving offences often have harsh penalties including disqualification, you may be without a licence that you desperately need for work purposes. On application to the court, you may be able to receive a work licence to remedy this. If this is the case, seeking legal advice as soon as possible is advisable given that you can only make one application to the Court and it is extremely important that your interests are as best represented as possible.

Depending on your circumstances, we will inform you whether it is likely a work licence would be granted in your circumstance. If so, we will assist with the application on your behalf and attempt to get you back out on the road in order to earn your livelihood. Generally, the requirements to be a fit and proper person are:

  • Holding a current Queensland drivers’ licence at the time of both the offence and the application to the Court;
  • Only a relevant drug or a blood alcohol reading below 0.15 at the time of the offence;
  • No suspension or disqualification in the last 5 years before the application was made;
  • The licence held was not a work licence, nor was the driver driving for work related purposes; and
  • There was no requirement to have a nil alcohol reading (such as being on a provisional licence).

If you are eligible to apply, the court will then decide your work licence application largely on the basis of whether being without a licence will cause extreme hardship by depriving you of the means of earning your livelihood. While this will generally be the determining factor, the court still has the power to refuse to grant a licence based on your traffic history or previous applications, or the circumstances of the offence. We will advise as to your likelihood of success and outcomes so you are prepared for what may happen in the event of an application.

Special hardship orders

If you have lost your licence due to other reasons such as a bad traffic history involving too many demerit points, your licence will be suspended. If you have lost demerit points and had your licence suspended, you may be able to apply for Special Hardship Orders.

We understand that the suspension of a licence can be extremely damaging financially to your and your family, and therefore we will advise if certain conditions are met to apply for a Special Hardship Order.

These conditions are:

  • The driver held a valid current Queensland licence before the suspension;
  • The driver did not have a suspension or disqualification in the last 5 years prior to the suspension;
  • The driver has not been convicted of dangerous operation of a motor vehicle in the last 5 years;

The Court will grant a licence if it is satisfied that:

  • The applicant is a fit and proper person to continue driving, considering their traffic history and the safety of the public; and
  • A refusal would cause extreme hardship by making the applicant lose their ability to earn a living; or cause severe and unusual hardship to the applicant or their family unrelated to earning a livelihood.

There is limited time following a suspension to make this application. If you have had your licence suspended and seek a Special Hardship Order, you should contact us as soon as possible in order to start the process.

Removal of Disqualification to hold a licence

If you are seeking removal of the disqualification of your licence, we may also be able to assist you in this matter. If a driver has been disqualified for a period of over 2 years or absolutely, they are entitled to apply to the Court to have this disqualification removed after a 2 year period.

The court will take various matters into account, including traffic history, the circumstances of the offence, subsequent conduct, and more. We are able to advise as to your chances of success and assist in the preparation of such an application, including timing, preparation of evidence, and appearing in court on your behalf.

Driving whilst disqualified

Our unlicenced driving lawyers can also assist you if you are facing an offence in relation to driving a motor vehicle without a valid driving licence. This is a serious offence in the Court’s eyes and they will generally impose a disqualification, a fine up to $3,000, or 1 year’s imprisonment.

The Court takes matters such as these seriously as they show a contempt for the Court’s previous orders and ability to disobey them. To minimise the stress involved in such an offence, you may want to seek legal representation to pursue your best interests and minimise any harsh penalty you may receive as a result.

Other traffic matters

Our traffic lawyers deal with a wide range of matters in relation to traffic offences and licencing issues. If you have a matter that needs to be dealt with, we have extensive experience in the area and can assist preparing documents, appearing in court on your behalf, and more. Our services will ensure that you know what you are facing, and you have the best possible chance of a good outcome.

Office Location and Contact Details

Gold Coast
Aitken Whyte Lawyers
Level 6, 9 Lawson St, Southport
Ph: +617 5596 9099
E: enquiries@awgoldcoastlawyers.com.au