Just a traffic offence?

Perhaps you might be thinking “but I didn’t steal anything” or “no one got hurt”, or the most common misconception….it’s “just a traffic offence”. Time for some sad and bad news.… Traffic offences often carry mandatory minimum penalties, including high fines as well as lengthy disqualification periods. Further, certain traffic related offences can even lead to terms of imprisonment!

Not only can a traffic offence affect you personally but your family too, not to mention your employment and livelihood.

Fortunately, sentencing in most traffic matters has a fair dose of discretion provided to any sentencing court that allows your unique circumstances to be considered and taken into account by the court.  This is not true for all traffic offences though. There are certain circumstances, which if present, will change your day from a fair day to a bad day very quickly.

We are able to assist you with legal representation for any offences under the Transport Operations (Road Use Management) Act 1995 or as we prefer to call it “the Queensland traffic legislation”.

Milburns Law prides itself on the results we achieve for our clients and, yes, we fight just as hard for you even if it’s “just a traffic offence”.

How can we help you?

When you’re facing a court appearance in relation to a traffic offence, whether it be for speeding, disqualified driving or driving under the influence of alcohol or a drug, going before the Magistrates Court can be a fairly daunting experience.

Check out some of the most common offences and enquiries we deal with below. Can’t find your offence? Not to worry, we love the unique ones. Call into our office for a free 10 minute consult with a solicitor to find out how we can help you with.

Work License

You may think that you are destined to ride the bus for the next 6 months, but have you considered a special hardship license? Often referred to as a “work license”, this type of license can ensure your business or employment doesn’t suffer from the impact of your hiccup and lead to possible financial ruin.

There are strict eligibility requirements for a Work License application and the application itself includes a detailed affidavit addressing important matters for the court.  As you only get one shot at the application, we wouldn’t recommend “wingin it”. When it comes to your livelihood, don’t leave it to chance. Our solicitors at Milburns will take you through the application step by step, draft your affidavit with you and present the material in the Magistrates Court on your behalf. We will put you in the best possible position to get back on the road and back to being you.

Call Milburns Law to book in a free 10 minute consult to find out how we can help you with a Work Licence application or if you are eligible.

Replacement license (temporary license)

Police have the right to impose an immediate suspension for certain traffic offences (been caught over the limit?). A replacement license allows you to continue driving until your matter is finalised in the Magistrates Court. As with a Work License, there are strict eligibility requirements on who can apply for a restricted license.

Call our office to book in a free 10 minute consult to find out how we can keep you on the road.

DUI, drink driving & relevant drug in system

 

DUI

You are assumed to be driving under the influence of alcohol if you record over 0.15% BAC (High Range >0.15%).

Max: $3,655.40 fine or 9 months imprisonment

Disqualification period: 6 months

Drink Driving

General level (>0.05%)
Max: $1827.70 or 3 months imprisonment

Disqualification period: Between 3 & 9 months

Mid Range (0.10%-0.15%)

Max: $2611 PU or 6 months imprisonment

Disqualification period: Between 3 & 9 months

Driving with relevant substance in system (failed drug test)

Max: $1827.70 or 3 months imprisonment

Disqualification period: Between 3 & 9 months

Can harsher penalties apply to you?

  • Relevant convictions within the last 5 years (including DUI or dangerous operation of a vehicle) may mean you face up to $7833 in fines, a term of 18 months imprisonment or a disqualification period of 2 years!
  • Repeat DUI offenders may also face a mandatory sentence of imprisonment which may or may not include serving an actual term of imprisonment.

Were you on a provisional, work or restricted license?

How about driving a motorcycle, taxi, bus or tractor?

Different penalties may apply. Call our office to book a consult with one of our solicitors and see how we can help you!

Recent Results

  • A family-man and tradie got pulled over, blew over the middle limit. He did have a significant traffic history but had not been suspended for drink driving previously. He was able to walk away with a 5 month suspension and a $650 fine.
  • This young lad was pulled over with cannabis and methamphetamine in his system. An early plea, with limited traffic history as well as no past offences of a similar nature got him 2 months disqualification period and $450 fine.
  • One of the most common scenarios; a middle-aged man who ‘thought he was right to drive’ after a few barbeque beers he blew over the general limit on the way home. Even with a bit of traffic history, he only copped a $400 fine and 2 month disqualification period.

Different penalties may apply! Call our office to book a consult with one of our solicitors.

Unlicensed, suspended or disqualified driving

Max: $5222 or 1 year imprisonment

Disqualification Periods

There are many circumstances in which unlicensed, suspended or disqualified driving can occur; here are some of the more common ones:

Offence

Disqualification period

Driving after your license has been immediately suspended (for example, suspended by police after a DUI) Between 2 & 5 years
Driving while your license is disqualified by a court order Between 2 & 5 years
Driving while your license if disqualified by loss of demerit points 6 months
Driving during a SPER suspension Between 1 & 6 months
Unlicensed driving (never held a license) 3 months

 

Can a greater penalty be imposed?

  • No matter the circumstances, repeat offending will put you in a position where you are facing a mandatory 2-5 year disqualification period and nothing short of Merlin and his magic wand is going to change that outcome.

Call our office to book a consult with one of our solicitors!

Recent results

  • This youthful woman approached Milburns when she found herself in a bit of trouble with the police. Not only had she been caught driving without a license, she was a repeat offender! An early plea and some mitigating family circumstances got her the minimum 1 month period and $400 fine.
  • A brash young lad was caught driving after his license had been disqualified by a court order for drink driving. This was his first offence of driving with a disqualified license; however, he had a bit of a track record of other offences for his age. Future work prospects, among other personal circumstances, meant that he received the 2 year minimum mandatory disqualification period and a $1000 fine.

 

Careless Driving & Dangerous driving

Careless driving

Max: $5222.00 or 6 months imprisonment

Disqualification period: 6 months

            Are you in danger of facing a harsher penalty?

Careless driving that causes grievous bodily harm or death may mean you face fines of up to $20,888 or 2 years imprisonment.

Dangerous Operation of a vehicle (under the Criminal Code)

Max: 200 PU or 3 years imprisonment

Disq: 6 months

Can it get any worse?

  • If you were intoxicated, speeding or a repeat offender at the time of offending then you may face fines up to $52,220, 5 years imprisonment and a 2 year disqualification period
  • If your dangerous driving has caused a death or grievous bodily harm, then you may be facing a term of imprisonment for up to 14 years depending on the circumstances
  • In certain circumstances, a sentencing Magistrate or Judge must impose a term of imprisonment.

Whatever you do don’t go it alone or just wing it when it comes to traffic offences; you could find out that you are facing harsher penalties than you thought you would.

Make certain or your position and get the right advice. Call Milburns to book a consult with one of our solicitors to find out more and see how we can help you.

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