Removal Of Immediate Suspension Or Disqualification
Strict laws apply in Queensland which sees the imposition of the immediate suspension of a persons motor vehicle driver licence. Such suspension may apply unfairly, particularly where a person intends to contest the charge.
If you have been served with a Notice of Suspension or Disqualification following an allegation of driving while under the influence of liquor or a drug or failing to provide a specimen of breath then you may be eligible for s79E Order permitting you to drive until the matter has been finalised by the Court.
Gatenby Criminal Lawyers has experience in drafting necessary Affidavit material and supporting material as well as appearing at the hearing.
The s79E Order permits a driver whose licence has been suspended to continue to drive under specified circumstances. These include:
- Purpose for which the motor vehicle may be driven under the licence;
- Class of motor vehicle which may be driven;
- Times at which the driver may drive;
- Whether named passengers may be transported in the vehicle; and
- A requirement to carry the Special Hardship Order.
You are eligible to apply if you were:
- The holder of a Queensland open licence; and
- The application relates to the same class of licence as your suspended licence.
You are ineligible to apply if, when you were charged, you:
- Have been previously charged with a drink driving offence that has not been dealt with by the Court; or
- Were engaged in an activity directly connected with your means of earning a living; or
- Were driving a motor vehicle that you were not authorised to drive under your open licence; or
- Were the holder of a restricted (work) licence; or
- Were over the no alcohol limit that applies to the driver of the motor vehicle that you were driving; or
- Were driving under an agreement to be of good driving behaviour for 1 year; or
- Were given the notice to choose between a licence suspension for a stated period or agreeing to be of good driving behaviour for 1 year, but had not made the election (accumulation of demerit points).
You are further ineligible to apply if within the last 5 years before the making of the application:
- Your Queensland driver licence has been cancelled, suspended or you have been disqualified from holding or obtaining a Queensland driver licence; or
- You have been convicted of another drink driving offence; or
- You have been convicted of operating a motor vehicle dangerously; or
- You have been convicted outside of Queensland with a drink driving offence; or
- Your authority to drive on Queensland roads under a non-Queensland drivers licence has been suspended; or
- You were made ineligible to apply for a Queensland driver licence because you exceeded your demerit points threshold, or were convicted of speeding more than 40 km/h over the speed limit when not holding a driver licence.
Your application must be made within 21 clear days after your licence was suspended.
The Court can only grant the s79E Order if they are satisfied that:
- You are a fit and proper person to continue to drive, having regard for the safety of other road users and the public generally; and
- If the Application was granted, there would not be an unacceptable risk of you committing a further drink driving offence; and
- The refusal to grant the order would cause either:
- Extreme financial hardship to you or your family by depriving you of your means of earning a livelihood; or
- Severe and unusual hardship to you or your family, other than by depriving you of your means of earning a livelihood.
There are additional requirements relating to where the Application needs to be filed, when and upon whom it must be served and what must accompany the Application to satisfy the statutory requirements. Failure to attend such requirements may exclude a Magistrate from hearing the Application. You should attend upon an experienced Criminal Law Solicitor such as Michael Gatenby to ensure you have the best chance of being granted your licence.
To schedule an appointment with Michael Gatenby please contact our office on 55800 120