Brisbane Traffic Lawyers

Have you received a charge sheet from the police?

About our traffic lawyers in Brisbane

There are a range of different driving offences in Queensland and laws in this area are constantly changing. Due to the way the legislation is written, the traffic law system is complex, making it important to seek proper advice from a lawyer who possesses knowledge about the intricacies of this area. Ashworth Lawyers are the traffic lawyers Brisbane drivers can trust for expert legal representation.

We are a team of reputable traffic lawyers with over 10+ years of experience practising traffic law. We work closely with our clients to understand their circumstances. We understand the impact losing a licence in a disqualification period, fines, and (in more complex cases) imprisonment, can have on individuals and families. Every traffic offence lawyer at our firm will take time to understand the details of your individual case so we can offer personalised legal advice and support.

Traffic offences range in severity from running a red light to more serious offences such as disqualified driving. We act in all minor and serious offences, whether it is for a first offence or a repeat offence. If you have been charged following a traffic incident, contact us today to discuss your case with our experienced Brisbane traffic lawyers.

We provide advice on the following traffic offences:

Drink driving 

We can assist with all drink driving charges including:

• Driving over the general alcohol limit but under the middle alcohol limit (DUI)

• Driving over the middle alcohol limit but under the high alcohol limit (DUI)

• Driving under the influence of liquor (UIL)

• Drug driving 

Significant penalties apply including long periods of disqualification of driver's licence and terms of imprisonment for repeat offenders. In certain circumstances, you may also be subject to the interlock condition, which means at the end of any disqualification period, you will need to install an interlock device before being able to drive again. 

The first step is to obtain the relevant paperwork from the prosecutor, including any traffic history. We can do this for you and provide specific advice to your case. In suitable cases we can also negotiate with the prosecutor on your behalf to discontinue the charge or reduce the penalty. Contact us to discuss these criminal and traffic matters further.

Drug driving offence 

Any positive reading that there is a relevant drug in your system while operating a motor vehicle can result in criminal charges. This is usually identified by a saliva sample from roadside drug tests. Relevant drugs that are tested include:

• Methylamphetamine (speed and ice)

• MDMA (ecstasy)

• THC (cannabis)

The penalty for drug driving offences will depend on various factors including your background, health, work, family situation, and any traffic and criminal history. If you are charged with drug driving or driving under the influence of illegal drugs it is crucial that you immediately seek legal representation and advice. Our traffic lawyers will work closely with you to get to know your circumstances and to achieve the best outcome for your situation.

Disqualified driving and unlicensed driving

Unlicensed driving is a common offence before the court and often arises due to a loss of demerit points or a suspension by the State Penalties and Enforcement Registry (SPER). Often, persons move houses and forget to update their address and do not receive notification from Queensland Transport. Some types of unlicensed driving offences carry a mandatory licence disqualification period. 

Disqualified driving is a particularly serious offence and carries a minimum penalty of 2 years licence disqualification. Often, a significant fine also follows. 

It is important to obtain professional advice early. Once retained, we conduct all communication with the court and the prosecutor. We undertake all preparation and you will not have to speak in court. Contact our Brisbane traffic lawyers today to discuss further.

Work licence applications & special hardship orders  

We act in all work licence and special hardship applications. This requires completion of the Application and the supporting affidavits including that of the employer. We often also recommend obtaining character references which we can assist with. It is important to get the paperwork right as you often only have one opportunity. 

We conduct the full preparation on your behalf including completing the application and affidavits, filing the material in court, serving the material on Queensland Transport and negotiating with the prosecutor before the hearing, and representing you in court. You do not have to say anything in court. As your legal representative, we speak on your behalf. Contact us to discuss further.

Queensland traffic offenders program

If you plead guilty to a traffic offence, such as drink or drug driving, unlicensed driving, disqualified driving, hooning, speeding, or other traffic offences, you have the option to participate in the Queensland Traffic Offender’s Program (QTOP). This program is an education court diversion program which teaches participants the consequences of dangerous driving and the impact of road accidents on victims. It is designed to raise participant’s awareness of their commitment to traffic laws. Participants will learn practical skills relating to fatigue management, reducing the risks associated with alcohol and driving, and avoiding the common causes of road accidents.

Participation in the program will be considered by a Magistrate who is sentencing an offender for a traffic offence. The fact that you have shown remorse for their actions and have sought education will be a mitigating factor in the sentencing process. If you are charged with a traffic offence and wish to participate in the program you should start the program as soon as possible. You may be able to complete the program before your first court appearance, or alternatively you could seek an adjournment to complete the program. To participate in the program you must enrol and pay the appropriate fee. We can advise whether the program is suitable for your case.

Alcohol ignition interlock program

The Ignition Interlock Program was introduced to address drink driving in Queensland. You will be subject to the program if you have been charged with one of the following traffic offences:

1. Driving under the influence of alcohol

2. A drink driving offence with a blood/breath alcohol concentration of 0.15 or more

3. Failing to provide a blood/breath specimen for analysis

4. Dangerous driving while affected by alcohol

5. 2 or more drink driving offences of any kind within a 5-year period

After your period of disqualification ends you will need to arrange to have alcohol ignition interlock installed. This is a breath test device which prevents your vehicle from starting if you have consumed alcohol. While you are subject to the program you can only drive the vehicle fitted with the interlock. To complete the interlock program you must obtain a valid driver’s licence with an ‘I’ condition on it and have an approved interlock fitted for a minimum of 12 months. You will be responsible for paying all costs associated with your interlock, including its installation, rental, servicing, and removal. If you decide not to participate in the interlock program you will not be allowed to drive for two years after the end of your disqualification period. You should seek legal advice before deciding whether to plead guilty to a charge which would subject you to this program. 

Speeding offence

If you have been detected speeding an infringement notice will be mailed to the address of the registered owner of the vehicle. This will state the details of the alleged offence and penalty you have incurred. If you receive an infringement notice for speeding, you have three options:

1. Pay the fine within 28 days and, if applicable, accrue the demerit points

2. Elect to go to court to contest the infringement

3. Nominate the driver of the vehicle if you were not operating the vehicle when the infringement was incurred

The penalty you incur will depend on the extent to which you exceeded the speed limit. The Qld Government provides a list of demerit points for common traffic offences which you can access by clicking here. If you lose too many demerit points you will have to either have your licence suspended for several months or go on a good behaviour licence for 1 year. If you gain 2 or more demerit points during the good behaviour licence, your licence will be suspended for 6 months but you may contact our criminal law firm to discuss whether you are eligible for a special hardship licence.

Careless driving lawyers

A person may be charged with a careless driving offence if police find them to be driving without due care and attention or without reasonable consideration of other persons using the road. There does not need to be any other cars involved in the incident for a person to be charged with careless driving. Examples of careless driving charges include failing to indicate when turning, crossing double white lines, or excessively accelerating.

In Queensland, the charge is known as careless driving while other states may use the term reckless driving or negligent driving. The maximum penalty for careless and dangerous driving offence depends on all of the circumstances, such as whether someone was hurt, any damage done to other vehicles or property, and the person’s traffic history. Penalties can range from a fine to imprisonment. You may also lose your licence for such traffic and infringement offences.

Choose Ashworth Lawyers for an experienced careless driving lawyer to provide legal assistance if you are facing a careless driving charge. Contact us today.

Traffic Law Matters FAQ

Need advice from a Brisbane Traffic Lawyer? 

Contact us to tell us about your traffic charges and discuss how we can help you. It is free to speak with our experienced lawyers before deciding to engage our traffic law services. Contact us today.