Removal of Licence Disqualification.

Removal Of Licence Disqualification

Traffic LawIf you have been disqualifiedfrom holding or obtaining a Queensland driver licence absolutely for a period of more than 2 years, you may, 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 callover can assist you advocate for the removal of your licence disqualification.  They will make persuasive submissions, relevant to your situation.  We can assist the Magistrate 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, court room 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 court room advocate who can persuade the Court to adopt a more favourable penalty.

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.

 

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