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 Dow passed away at Mackay Base Hospital on 31 July 2013, from injuries sustained in a motor vehicle accident. The collision occurred when Aaron John Kite crossed over the continuous double centre line and collided head-on with Ms Dow’s vehicle. Mr Kite was disqualified from driving at the time of the collision.  Mr Kite was fined $4000 for the offence of driving without due care and attention.  He was again disqualified from holding or obtaining a drivers license.

The Coroner David O’Connell examined whether the available offences applicable to the circumstances of the incident should be reviewed.  He delivered his findings of inquest on 6 March 2015.

In particular the Coroner O’Connell determined that:

Clearly the law in Queensland needs to change to allow for a mid-range offence. In addition it may be appropriate that the present driving laws be amended to have a specific circumstance of aggravation for driving without due care and attention where the offending driver causes grievous bodily harm or death; and where they were driving while either unlicensed, suspended, or disqualified.

Careless Driving

The offence of careless driving of motor vehicles, is less serious than the criminal offence of Dangerous Operation of a motor vehicle. In order to make out the offence, the prosecution must prove that a person drove without due care and attention or without reasonable consideration for other road users.

It is suggested that effect could be given to the coroner’s recommendation by amending section 83 of the TORUM to create a circumstance of aggravation (punishable by a higher maximum penalty) where the careless driving caused the death of or the grievous bodily harm to another person.

A further aggravated penalty could apply where the driving caused the death of or the grievous bodily harm to another person and at the time of the driving, the offender had been disqualified from driving or was unlicensed to hold a driver license.

Proposed mandatory minimum licence disqualification

The changes include proposed mandatory minimum licence disqualification periods and an increase to the maximum penalty for offences causing death or grievous bodily harm.

Careless Driving causing death or GBH

  • Current max penalty – $5,046 or 6 months imprisonment (3 demerit points).
    • No minimum licence disqualification period.
  • Proposed max penalty – $10,092 or 12 months imprisonment (3 demerit points) and
    • Minimum licence disqualification period of at least 6 months.
  • Proposed max penalty (with circumstances of aggravation) – $20, 184 or 2 years imprisonment and
    • minimum licence disqualification of at least 6 months.

Dangerous Driving causing death or GBH

  • Current max penalty – 10 years imprisonment; and
    • minimum licence disqualification period 6 months
  • Proposed max penalty -10 years imprisonment; and
    • minimum licence disqualification period of at least 12 months
  • Current max penalty (with circumstances of aggravation) – 14 years imprisonment; and
    • minimum licence disqualification period 6 months
  • Proposed max penalty (with circumstances of aggravation) -14 years imprisonment; and
    • minimum licence disqualification period of at least 12 months.

Are you facing charges relating to dangerous driving or careless driving? Contact the traffic law experts at Gatenby Criminal Law today on  (07) 5580 0120 or contact us online.

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.

State Wide Review of Restricted (Work) Licences

drink drivingRestricted 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:

  1. They are a first time drink driver (nothing in the last 5 years);
  2. Commit an offence with a BAC of less than 0.015%;
  3. Not have committed the offence in the course of their employment;
  4. Hold an open Queensland Driver Licence;
  5. Not have had a driver licence suspension, cancellation or disqualification in the past 5 years.

An applicant would also need to demonstrate that they require the licence for the work.  The Court needs to be satisfied that if the person was not granted a restricted licence they would lose their employment.

In 2015, there were 2,377 restricted licences granted, which accounts for a little over 10% of drink driving offences.

Other Jurisdictions

Queensland is one of four jurisdictions that has a power to grant work licences.  Work licences are not available in:

  1. Victoria
  2. New South Wales;
  3. South Australia; or
  4. the Northern Territory.

ACT

Work licences are available for an offender with a BAC of  less than 0.010%. Unlike Queensland the Court may grant an ACT motorist a restricted licence where they have responsibilities to assist someone with a medical necessity.  Queenslanders have no such eligibility.

Western Australia

Extraordinary licences are available for all offences, regardless of the BAC.  An extraordinary licence is also available where the applicant has responsibilities to assist or care for someone with medical necessities.

Tasmania

Work licence eligibility is similar to Queensland with 0.15% the cut off.  Tasmania is slightly more stringent, an offender can not have committed an offence within the last 3 years compared to 5 years for Qld drivers.

Abolishing Restricted (Work) Licences

The first of the proposals is to abolish allotter the right to apply for a restricted work licence.  With first time disqualification periods of between 1 and 12 months, the impact upon first time offenders will be significant.  In 2015 the Courts granted a total of 2,377 restricted (work) licences.  The court was satisfied in each of those matters that without the application being granted they would loose their employment.  This represents a significant loss of employment if the discretion was taken away.

Those in favour of the abolition, point to the unfortunate statistic that 15 – 20% of restricted (work) licence holders re-offend within five years.

Exclude Mid Range Offenders

The second proposal is that mid range offenders be excluded from applying for a restricted (work) licence.  This would mean that any driver over 0.010% would not be eligible for the licence.

Any change to the current regime will impact upon the employment of many Queenslanders. Those in Regional  Queensland are not well serviced by public transport and will be further marginalised if they are unable to work.  The loss of licence has a broad impact upon a full participation in society, with the  impact often felt by the offenders family.

Clearly the rights of the offender and their family have to be balanced against the appalling road toll.

Feedback

The Queensland Government is seeking feedback from interested Queenslanders.  The survey can be accessed here.  The survey closes at midnight on 7 March 2017.

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.

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

Close up of beer glass with frothMost 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 of imprisonment.

The Court will look at various factors including:

  1. your reading at the time of the offence;
  2. the circumstances surrounding the offence; and
  3. your criminal and traffic history.

First time drink driving penalties

For a first time drink driver the maximum penalties are:

BACLicence DisqualificationMaximum fineMaximum Imprisonment
0.0%3 to 9 months$1,7063 Months
0.05 and over, under 0.101 to 9 months$1,7063 Months
0.10 and over, under 0.153 to 12 months$2,4386 Months
0.15 and over, Minimum of 6 months$3,4139 Months

Read more about BAC limits in our previous blog post.

Repeat Drink Driving Charge

Imprisonment becomes an option where the court is sentencing you for a repeat drink driving charge.  Repeat drink drivers face higher penalties than first time drink drivers.  In addition to the power to impose a period of imprisonment the court can also:

  1. Have your car impounded (if you refuse to provide a specimen of breath or blow over 0.15%;  Read more about impoundment powers here.
  2. Disqualify your licence for up to two years;

What is a Repeat Drink Driver?

A repeat drink driver is a person who has been sentenced for an offence outlined above within the last 5 years.  The Court will look at the totality of your traffic history in deciding which penalty to apply, however the legislation defines a repeat drink driver as a person convicted within the last five years.

What should I do if I am a repeat drink driver?

If you are intending to enter a plea of guilty to a repeat drink driving offence you should consider your reading, the circumstances of the offence and your traffic history.  If you are concerned that you might be facing a period of imprisonment you should contact a traffic lawyer for advice.

A program such as the Queensland Traffic Offenders Program will assist you to demonstrate rehabilitation.

More Drink Driving Articles

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.

Traffic Lawyers Guide To Work License Applications

Disqualification

Traffic LawIf 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 ‘Day Licence’). During the disqualification, they could then drive a vehicle for work purposes.

Purpose of Work Licence

A work licence is issued to enable a person to earn a living.  You cannot attend to domestic or personal duties with a work licence.

For example, a plumber could travel from home to the depot and between various job sites.  They could also go to the hardware store to collect supplies. They would be in breach of the Order if they stopped off to collect groceries or drop children to school.

Work Licence Eligibility

You are not eligible for a work licence unless you can demonstrate that you meet the requirements namely that you:

  • hold a current open Queensland Driver Licence
  • had a BAC of less than 0.15%
  • did not commit the offence in the course of your employment.
  • are over 25 years of age.
  • were not driving under a licence that required your BAC to be zero.

Additionally, you must not, in the last 5 years have:

  • Had a licence suspended or cancelled (other than SPER);
  • Been convicted of another Drink Driving offence; or
  • Been convicted of Dangerous Driving.

Procedure

You must complete an Application for a Restricted Work Licence.  Forms are available from Queensland Transport the Magistrates Court Registry.

You will need to complete an Affidavit. This should  set out:

  1. why you will suffer extreme financial hardship by depriving you of your means of earning a livelihood.
  2. that you are a fit and proper person to hold a driver licence.

If you are employed, your employer must submit an Affidavit.  A letter from your boss is not sufficient.

It is wise to have an experienced Traffic Lawyer review or draft this material, particularly if your traffic history is questionable or your BAC reading is high.

You need to advise the Court that you are applying for a work licence before you enter your plea of guilty.

The Magistrate or the Prosecutor may require both you and your employer to give evidence.  Accordingly, you should have your employed attend Court with you.

A Lawyer with experience appearing in the traffic callover can assist you to advocate for a work licence.  They will make persuasive submissions, relevant to your situation.  Lawyers assist the Magistrate to reduce the disqualification period and penalty. They highlight the merits of your case, having regard to legislation, precedents and other sentencing principles.

Conditions

Often the Court will impose conditions on the Order. Common conditions include:

  • That you must wear a uniform;
  • That you do not carry any passengers;
  • That you must carry a log book and complete the anticipate destination before departing; or
  • That you carry a copy of the Order with you at all times.

Warning

You should note that if you are successful in obtaining a Work Licence you will not be able to drive until you have attended upon Queensland Transport and obtained a valid licence.  It would be an offence to drive from the Court House to the Transport Department.  You should organise a friend to drive you to the Department of Transport.

If you fail to comply with the conditions of your work licence, you may be prosecuted by the police.  You will lose the work licence, and subject to further penalties.

The legislation permits the Court to impose double the disqualification period where a work licence application is granted.  This does not routinely occur.

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.

Further reading

The legislation governing work licence applications is the Transport Operations (Road Use Management) Act.

For details on how to obtain your traffic history Department of Transport

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.

ANPR camera systems set to detect Unregistered Vehicles

ANPR4The 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 a vehicle’s registration. It is possible for a vehicle to be unregistered, but retain CTP insurance during this time.

Enforcement Responsibility.

Police officers and transport inspectors employed by the Department of Transport and Main Roads have been intercepting vehicles and manually issuing infringement notices for unregistered and uninsured vehicle offences for many years. In more recent times, portable automatic number plate recognition camera systems have been used to detect these offences. Once an unregistered vehicle is detected, a police officer or transport inspector must still physically intercept the vehicle and manually issue an infringement notice.

It is proposed that both the Department of Transport and the Queensland Police Service (QPS) will utilise fixed and mobile ANPR Camera Systems to detect unregistered vehicles and automatically issue infringement notices by ordinary mail.

Evidentiary Certificate.

Section 120 of the Transport Operations (Road Use Management) Act 1995 will be amended to allow the chief executive to sign an evidentiary certificate for photographic detection devices operated by the Department of Transport and Main Roads, stating that an image was properly taken by the device and allowing the image to be used as evidence of an offence.

Who is responsible for the offence?

Under current arrangements it is the driver of the vehicles responsibility to confirm that the vehicle is registered and has compulsory third party insurance before it is used on the road.  Following the proposed amendments to the Transport Operations (Road Use Management) Act 1995 the most recent registered operator will be responsible for the offence.  Regardless of who is driving the vehicle, it is the registered operator’s responsibility to ensure that the vehicle is registered.

The registered operator will have a defence where they provide a statutory declaration stating that the vehicle was stolen, illegally taken or had already been sold or disposed of (see amendments to section 114);

How will the notice be served?

An infringement notice issued by an information technology system is taken to be an infringement notice served by an authorised person under the State Penalties Enforcement Act 1999, and in particular section 13(1) of that Act (see new section 113A(3)).

The effect of this amendment is that the notice will be sent, by post to, to the nominated address and will be deemed to have been served.  It will become imperative that all vehicles are promptly transferred with the Department of Transport following sale otherwise a former owner, not receiving the notice could find their licence cancelled.

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.

Disqualified Driving Sentence

Gatenby Criminal Lawyers LogoMollie 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:

  1. A fine; and
  2. The minimum mandatory periods of disqualification.

While the mandatory disqualification period was still lengthy, the client  stayed out of jail and is able to maintain his employment and family commitments.

Sentencing Ranges

Disqualified driving is a serious offence and attracts a maximum penalty of up to $6,600.00 or imprisonment for up to 18 months.  As part of any disqualified driving sentence the Court must disqualify you from holding or obtaining a driver licence for a period of between two (2) and five (5) years.

As has been discussed earlier in our site, Queensland Magistrates are routinely imposing sentences of imprisonment for repeat disqualified driving offences and in circumstances where there is a circumstance of aggravation, such as drink or drug driving the prospects of imprisonment are increased.

Gatenby Criminal Lawyers provides an initial half hour appointment at no cost and we can provide you with specific advice about your disqualified driving sentence.

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.

 

 

New Traffic Laws and Increased Penalties for Cycle Offences.

New Traffic Laws Introduce Cycling Reforms.

Ciclisti al tourQueensland 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 report, released in November 2013, outlined recommendations designed to improve the interactions between cyclists and other road users.

Safety Reforms.

To increase safety for cyclists, the report  recommended that a minimum overtaking distance should be introduced.  The Committee noted a number of studies in Australia and in other jurisdictions have identified passing too closely (or side-swiping) as a frequent and significant factor in incidents resulting in death or serious injury to cyclists. This amendment regulation introduces a minimum passing distance for motorists passing a cyclist.

This regulation amends the Queensland Road Rules to provide that:

Motorists must leave a minimum distance of 1 metre between their vehicle and any cyclist they are overtaking on a road where the speed limit is 60 km/h or below and at least 1.5 metres where the speed limit is more than 60 km/h.

To facilitate these minimum passing distances, the amendments provide that a driver may straddle lane lines, drive to the right of the centre of the road (including crossing dividing lines) or drive on a painted island or dividing strip that is the same level as the road provided the driver has a clear view of any approaching traffic and it is safe to do so.

A breach of the new minimum passing distance requirement will carry a maximum court penalty of 40 penalty units.

If police issue an infringement notice roadside the Infringement Notice is a fine of three penalty units and three (3) demerit points.  This is a consistent penalty to offences of a similar risk including, for example, disobeying a red traffic light, failing to wear a motorbike helmet and entering a level crossing when a train is approaching.

Infringement Penalties

In its report, the Committee noted that “the current imbalance between cyclists and other vehicle drivers in relation to infringement penalties warrants review”. It commented that there is significant potential for cyclists to endanger other vulnerable road users and do harm to themselves. It recommended that the penalties for road rules offences for cyclists should be increased to the level that applies to motorists where the potential to endanger other road users is greatest (Recommendation 31).

This amendment regulation implements and, for simplicity, extends that recommendation by providing that:

  1. where cyclists currently receive a lower infringement notice fine than motorists for any road rules offence, the fine for cyclists will be increased to the level that applies to motorists; and
  2. where the offence can only be committed by a cyclist and the current infringement notice fine is less than one penalty unit, the fine will be increased to one penalty unit.

Loss of licence.

If you have lost your licence through an accumulation of demerit points and will suffer special hardship as a consequence of these new traffic laws, you may be eligible for a Special Hardship Order.  To find out more about a special hardship order, read on further in the traffic law section of our website, or contact our experienced traffic lawyers for advice.

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.

Traffic Law – Can I Refuse a RBT?

Uncertainty about your BAC could see you loose your licence.

Uncertainty about your BAC could see you loose your licence.

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 six month licence disqualification as a minimum. You can be convicted of this offence even if you had not consumed any alcohol before driving.

 
As with all matters that proceed to court, there are always exceptions to the general rule.  It may be that you are able to demonstrate that you were medically unable to provide a specimen of breath or that the requirement was made outside the prescribed time.  For this reason, if you have been charged with an offence of failing to supply you should contact our traffic law experts, who will be able to advise you of any defences that you may have.

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.

Drink Driving – What Alcohol Limit Applies?

Uncertainty about your BAC could see you loose your licence.

Uncertainty about your BAC could see you loose your licence.

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 general rule, the following legal alcohol limits apply:

  1. Holder of a learner, provisional or probationary licence: 0.00
  2. Holder of a restricted licence: 0.00
  3. Holder of a licence when driving particular vehicles (eg trucks, buses, taxis etc): 0.00
  4. Holder of an open licence: below 0.05

Unfortunately we have had a number of clients who have been mistaken as to the alcohol limit that applies to them.  If in doubt you should contact one of our Gold Coast traffic lawyers and we will be happy to schedule a complimentary 30 minute appointment or provide some preliminary traffic law advice over the phone.

Restricted licence

You should also be aware that after your licence has been disqualified by the Court, you are not automatically returned to a full open c class licence.  You may find that you are placed on a r licence for a period and accordingly you will be the subject of a 0.00 BAC.  You need to carefully check the status of your licence once you return from disqualification.

*QTOP is the Queensland Traffic Offender Program of which we are proud sponsors and presenters.  For more information contact our receptionists or log onto the Queensland Traffic Offender website, http://qtop.com.au/

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.

QUEENSLAND IMPOUNDMENT PROCESS

An experienced Gold Coast Criminal Lawyer will ensure your best outcome.

An experienced Gold Coast Criminal Lawyer will ensure your best outcome.

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

  1. Evading police
  2. Any of the following offences committed during a speed trial, race or a burnout
    1. Dangerous Operation of a Motor Vehicle;
    2. Careless Driving;
    3. Organising, promoting or taking part in reacting or speed trials;
    4. Wilfully starting or driving a motor vehicle in a way that makes unnecessary noise or smoke.

Type 2 Hooning Laws

  1. Driving a vehicle while out is uninsured and unregistered
  2. Unlicensed driving;
  3. High range drink driving 0.015% and over;
  4. Exceeding the speed limit by more than 40 km/h;
  5. Driving an illegally modified vehicle;
  6. Failure to supply a specimen of breath or blood; or
  7. Driving while under a 24-hour suspension.

hooningCan I apply for the early release of my vehicle?

The owner or usual driver of the impounded vehicle can apply in writing to the Commissioner of Police for early release of their vehicle if they can establish:

  1. Severe personal or financial hardship.
  2. The offence was committed without the owner’s consent.
  3. The unlicensed or uninsured offence has been rectified.
  4. The grounds for impoundment were unreasonable.

If you require assistance drafting an Application to the Commissioner of Police or wish to appeal the Commissioner’s decision then you should contact Gatenby Criminal Lawyers for advice and expert assistance.

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.