Disqualification Archives - Gatenby Criminal Law

15 Oct

Proposed penalties for driving offences leading to death or serious injury

The Queensland government is currently considering introducing a new mid-range driving offence between the existing Criminal Code offence of Dangerous Driving, and the TORUM offence of Driving without Due Care and Attention offence. The proposed offence will include a circumstance of aggravation for offending drivers who cause death or grievous bodily harm in the commission of the offence of Driving without Due Care and Attention, where they were driving whilst unlicensed or their license was suspended, or disqualified. The proposal follows the Coroners recommendations in the matter of Audrey Anne Dow. Inquest into the death of Audrey Anne Dow Audrey Anne …

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26 Feb

State Wide Review of Restricted (Work) Licences

Restricted licences, are commonly referred to as work licences. They permit a convicted drink driver to drive for work purposes. The licence holder is subjected to a series of conditions regulating the type of vehicle they might drive, the hours they can drive and whether they might carry passengers. The current drink driving discussion paper is looking at either abolishing work licences or tightening the criteria. Current restricted (work) licence eligibility. Under the current provisions a drink driver is eligible for a restricted (work) licence if they can demonstrate: They are a first time drink driver (nothing in the last 5 years); …

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26 Feb

It's just a drink driving offence, I can't go to jail. Can I?

Most motorists pleading guilty to their first drink driving charge will receive a fine and a loss of their licence. It is however open for the Magistrate to impose an actual period of imprisonment, especially where it is a repeat drink driving charge. For some drink driving offences, the law says that the court must impose, as the whole or part of the punishment, imprisonment. Sentence When you enter a plea of guilty to a traffic matter the Magistrate must decide, not only the length of your disqualification, but also whether you will be fined, given a community based order or sentenced to a period …

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01 Nov

Traffic Lawyers Guide To Work License Applications

Disqualification If you have been charged with a Drink Driving offence you must receive a disqualification. This is in addition to any other sentence that the Court may impose. In some circumstances, you can obtain a Work Licence for the period of the disqualification. The length of the disqualification depends on a number of factors including: your reading, the circumstances of your driving; and any previous traffic history. A first offender with a Blood Alcohol Concentration (BAC) of .072%, might expect a disqualification of 3 to 4 months. If they relied upon a licence to maintain employment, they could apply for a Restricted Work Licence (sometimes described as a ‘Work Licence’ or …

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04 Jul

ANPR camera systems set to detect Unregistered Vehicles

The Queensland Government is set to allow automatic number plate recognition camera systems or ANPR camera systems to detect unregistered drivers, through proposed amendments to the Transport Operations (Road Use Management) Act 1995. Approximately 3% of Queensland’s 4.5 million vehicles could potentially be unregistered (up to 135 000 vehicles). This looks set to increase when the Government scraps Registration Labels for light vehicles from October 1, 2014. Unregistered Vehicle Generally, when a vehicle is unregistered, that also means it does not have CTP insurance (“uninsured vehicle”). However, CTP insurance continues for a grace period of 30 days after the expiry of …

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20 May

Disqualified Driving Sentence

Mollie Roper obtained an exceptional result for this mornings disqualified driving sentence. Our client was charged with one count of disqualified driving and another count of disqualified driving whilst intoxicated. The second offence was committed in the same week and while on bail for the original offence. Our client was originally disqualified from driving for a high range drink drive charge. Generally, for offending of this type a community based order and/or a period of imprisonment would be imposed. After hearing extensive submissions made by Ms Roper the Magistrate sentenced the client to: A fine; and The minimum mandatory periods …

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25 Mar

New Traffic Laws and Increased Penalties for Cycle Offences.

New Traffic Laws Introduce Cycling Reforms. Queensland has new traffic laws following the introductions of the Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2014. These new traffic laws are primarily aimed at addressing the road safety of cyclists by introducing a new minimum distance of up to 1.5 metres between any vehicle and a cyclist. The offence is set to carry a maximum penalty of 40 penalty units and the loss of three (3) demerit points. The new traffic laws follow the Parliamentary Transport, Housing and Local Government Committee report “A new direction for cycling in Queensland”. The …

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18 Mar

Traffic Law – Can I Refuse a RBT?

A number of clients often ask our traffic lawyers whether they have to provide a specimen of breath. Some people believe that the police must, upon request, obtain a blood test, others are indignant that they have been asked to supply at all. The simple answer is that if you do not provide a sample of breath for testing as requested, you can be charged with failing to provide a sample of breath. This offence is treated in the same way as if you were driving with a blood alcohol concentration of 0.15% or above which results in a …

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16 Mar

Drink Driving – What Alcohol Limit Applies?

Gold Coast Traffic Lawyers As Gold Coast traffic lawyers who present at QTOP*, we often ask attendees what the various alcohol limits are that apply in Queensland. There is often as much confusion about the limit as to the amount you need to consume to reach 0.05%. Many people are surprised to learn that even though they are holders of an open drivers licence, due to the nature of their driving they are required to have a zero BAC. Queensland Alcohol Limits In Queensland the alcohol liming that applies depends on the class of licence that you hold. As a …

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06 Feb

QUEENSLAND IMPOUNDMENT PROCESS

Hooning Laws Hooning and other reckless driving offences can result in the impoundment or immobilisation of a motor vehicle for a period of seven to 90 days under Queensland Hooning Laws. For repeat offending the vehicle can be forfeit to the state. While there is a capacity to appeal these decisions, the intention of the legislation is clear. Go too far and lose your car. The offending is broken into two categories: Type 1 and Type 2. Type 1 Hooning Laws Evading police Any of the following offences committed during a speed trial, race or a burnout Dangerous Operation of …

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