If you have been disqualified from holding or obtaining a Queensland driver licence for a period of more than 2 years.
You may be able to remove at any time after the expiration of 2 years from the start of the disqualification period, apply for the disqualification to be removed.
The Application for the disqualification to be removed must be made to:
- If the disqualification was ordered by a Judge of the Supreme Court – a Judge of the Supreme Court; or
- If the disqualification was ordered by a Judge of the District Court – a Judge of the District Court; or
- If the disqualification was not ordered by a Judge of the Supreme or District Courts:
- If the person lives in Queensland – the Magistrates Court exercising jurisdiction at the place where the person lives; or
- If the person lives outside Queensland – the Magistrates Court, central division of the Brisbane district.
Notice of any such Application shall be given to the Commissioner or to any police officer authorised by the Commissioner to receive such notices, who shall be entitled to appear and be heard and to give and produce evidence at the hearing of such Application for or against the granting of the Application.
The notice required above shall be given at least 28 clear days prior to the date of hearing of such Application.
Upon hearing any such Application the Court shall have regard to:
- The character of the person disqualified; and
- The person’s conduct subsequent to the order; and
- The nature of the offence; and
- Any other circumstances of the case.
The Court may by order:
- Immediately remove the disqualification; or
- Remove the disqualification from such date as may be specified; or
- Refuse the Application.
Where an Application is refused, a further Application shall not be entertained if made within 1 year after the date of the refusal.
A Lawyer with experience appearing in the traffic call over can assist you to advocate for the removal of your licence disqualification. They will make persuasive submissions, relevant to your situation. We can assist the Magistrate to remove the disqualification period and penalty by highlighting the merits of your case having regard to the pertinent legislation, precedents and other sentencing principles.
Will a Lawyer help me?
Engaging a lawyer has many benefits including:
- Timely advice regarding possible defences, eligibility for work licences and processes to mitigate any disqualification or penalty.
- An advocate with complete knowledge of the relevant laws, precedents, courtroom procedure and sentencing principles who can speak on your behalf. You may even be able to avoid having to attend procedural mentions and adjournments.
- An experienced negotiator, who can proactively resolve factual disputes or
- An experienced courtroom advocate who can persuade the Court to adopt a more favourable penalty.
For legal advice specific to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.