In Queensland, there are several offences that are subject to mandatory licence disqualification. For these offences, the Court must disqualify you from holding or obtaining a Queensland driver licence for a period of time. This means that a period of disqualification must be imposed regardless of your personal circumstances, or the impact the disqualification will have on you.
Offences that are subject to a mandatory period of disqualification include:-
- Drink driving;
- Failing to provide a specimen;
- Driving with a relevant drug in your system; and
- Driving while disqualified.
There are also several offences, such as driving without due care and attention, that may result in the Court disqualifying you from holding or obtaining a Queensland driver licence for a period of time. Where there is no mandatory disqualification for an offence, the Court will take into account the gravity of the offence and your personal circumstances when determining whether to disqualify your licence.
In some circumstances, you may be able to apply for a Restricted Licence (commonly referred to as a “work licence”) or a Special Hardship Order. If you are successful, you will be able to drive for purposes directly connected to your employment during your period of disqualification. The application process is quite lengthy and you are required to provide the Court significant detail regarding the financial hardship you would suffer if you were to lose your licence. You must also show that you are a fit and proper person to be granted a Restricted Licence or Special Hardship Order. We recommend that you seek legal advice in relation to your eligibility for a Restricted Licence or Special Hardship Order.
If you are disqualified from holding or obtaining a Queensland driver licence, the disqualification is effective immediately. You will be required to surrender your licence to the police. This can have further implications than an inability to drive, as many people rely on their licence as photographic identification. It is important to consider this, and to obtain alternate identification, prior to Court.
You will be required to apply for a new licence from the Department of Transport and Main Roads should you be disqualified for any period of time. You are not able to drive until you have been issued a new licence from the Department of Transport and Main Roads.
If you would like more information regarding your traffic matter, or your eligibility for a Restricted Licence or Special Hardship Order, please contact our office on (07) 4963 2000 or via our online contact form.