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Traffic Offence

Best Traffic lawyer in Sunshine Coast, Queensland

No matter what the charge, we will strongly defend your rights and license

We represent clients charged with driving offences, such as careless driving, dangerous driving, driving whilst disqualified, driving whilst suspended, drink driving, DUI (driving under the influence) DWI (driving while intoxicated) drug driving, excessive speed, all the way to dangerous driving causing death, and negligently causing serious injury.

We are able to provide advice in relation to all traffic matters and motor vehicle offences.

Motor vehicle offences can be a very complex area of the law. The Rules and Regulations make the law and its interpretation quite complex. This is particularly so with drink driving offences. It must always be remembered that in relation to drink driving offences the practical reality is that levels of alcohol are always, in the first instance, determined by machines. Machines are notorious for making mistakes. So too are their operators. If ever you are stopped for a drink driving offence, you are entitled by law to have a blood test. Whilst this can often be inconvenient and time consuming, in most instances, it is the only way that a blood alcohol reading can be challenged.

Speeding and other driving offences can often result in a lengthy loss of license. We can help you get the lowest driver's license suspension or, depending on the allegations, it may even be possible to plead not guilty to the charge.

If you have a question, want further information or would like to speak to someone, make an enquiry now and we’ll be in touch with you very soon.

TRAFFIC LAW IN QUEENSLAND

Contrary to what many people think, Traffic Law is not just about drink driving, or speeding.

There are multiple traffic offences that drivers can be charged with.

If you are charged with a traffic offence, or if you wish to contest an infringement notice and you are on the Sunshine Coast, then you should contact us at admin@alex-mandry.com.au for expert assistance in negotiating penalties and helping you to resolve your matter promptly.

More serious traffic offences include:

Dangerous Operation of a Vehicle
Operation of a Vehicle Leading to Murder or Manslaughter
Unlicensed Driving of a Vehicle
Leaving the Scene of a Motor Vehicle Accident
Making Unnecessary Noise or Smoke while Operating a Vehicle
Racing Motor Vehicles on the Road
Drinking and Taking Drugs While in Charge of a Vehicle

Other traffic matters include:

Detection of Suspected Drug and Alcohol Levels
Evidence of Drug and Alcohol Consumption and Defences
Licence Restrictions Applied to Alcohol and Drug Driving Offences
Option of a Restricted Licence after Licence Suspension
Alcohol Ignition Interlocks
Demerit Points System
Vehicle Impoundment and Forfeiture Due to Traffic Offences
Bicycles and Traffic Offences

Most traffic offences are governed by the Transport Operations (Road Use Management) Act 1995 (Qld) and the Regulations associated with this Act, particularly the Transport Operations (Road Use Management—Road Rules) Regulation 2009 (Qld) and the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 (Qld).

These laws create simple traffic offences, which are prosecuted in the Magistrates Court. More serious offences (for example, indictable offences involving motor vehicles) are located in the Criminal Code Act 1899 (Qld). In addition, the Police Powers and Responsibilities Act 2000 (Qld) deals with impoundment and forfeiture of vehicles involved in the commission of certain offences.

Many traffic offences have a maximum penalty of a certain amount of penalty units (each penalty unit is equivalent to a dollar amount). Where a maximum fine is indicated as being a certain number of penalty units, you take the number of penalty units and multiply that number by the amount of one individual penalty unit. As at February 2023 the penalty unit is $143.75.

Demerit points

Queensland has as demerit points system, which is currently:

Demerit points are allocated for certain driving offences. After a conviction (including payment of an infringement notice), points are allocated for the offence and recorded on the person’s traffic history. The offences, which have been assigned a points value, are set out in sch 3 of the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 (Qld) (Licensing Regulation). The points allocated for some of the more frequent offences are:

exceeding speed limit by 40 km/h or more—8 points
exceeding speed limit by 30 km/h but less than 40 km/h—6 points
failing to give way—6 points
disobeying traffic signs, lights or police directions—3 points
careless driving—3 points
failing to signal intention—3points
failing to keep left—2 or 3 points
following too closely—1 point (yes, it’s true)

If you lose all of you demerit points

Good behaviour licence

If you are convicted of enough offences to constitute a certain number of demerit points within a certain time, your licence may be suspended. In some situations, you could apply for a Good Behaviour Licence.

Breaching a good behaviour licence

The Good Behaviour Licence is for a period of 12 months. If you incur 2 or more demerit points during that 12 months, then the Transport Department must suspend you licence for double the previous suspension. In that circumstance, you could apply for a special hardship order, if you are eligible.

High Speed Driving and Suspension of Licence

If a person is convicted of speeding more than 40 km per hour over the speed limit, you will lose your licence for 6 months commencing on a date at least 21 days after you receive notice of that suspension, and advising of the right to apply for a special hardship order.

Special Hardship Orders and what they mean

A person whose licence is suspended due to accumulating 2 or more demerit points while on a good behaviour licence or due to a high speed offence may apply to a court for a special hardship order allowing them to continue to drive in certain circumstances.

When a magistrate makes a special hardship order, it must last for the period the applicant would otherwise have their licence suspended. It must include a number of conditions restricting the use of the licence, and these are identical to the restrictions required for a replacement licence. Also, the court is given discretion to impose various other restriction which can depend on the circumstances of the offending and your own personal circumstances). You can also apply to vary the order if it later becomes impractical for you.

If you do not comply with special conditions, there are harsh fines and automatic disqualification for the remainder of the hardship period plus an additional 3 months.

Alcohol Interlock System

We are sure that everybody knows about the Alcohol Interlock system, but just in case you don’t:

An ‘interlock condition’ can be imposed for certain offences of driving under the influence of alcohol.

An alcohol ignition interlock is a device that when fitted to a motor vehicle prevents the vehicle from being started unless you provide a breath specimen that shows no alcohol.

An interlock condition will apply to people who are convicted of:

driving under the influence (0.15% or more)
failing to provide a specimen for analysis
operating a vehicle dangerously while adversely affected by alcohol
committing a second drink driving offence of any kind within five years of conviction for an earlier drink driving offence of any kind
driving unlicensed at a time when the offender would have been subject to an interlock condition if they did hold a licence.

MORE SERIOUS TRAFFIC/DRIVING OFFENCES

More serious traffic offences are brought before the court as a matter of course, usually through service by police of a summons or notice to appear.

Dangerous Driving

A person who operates a vehicle dangerously commits a criminal offence. The Criminal Code provides that dangerous operation of a vehicle includes operating a vehicle at a speed or in a way that is dangerous to the public. Note - the reasons behind the driving or the driver’s state of mind are irrelevant.

Driving without due care and attention

A person who drives a motor vehicle without due care and attention commits an offence and can be fined up to 40 penalty units or imprisoned for up to six months.

What court deals with dangerous driving offences

Dangerous driving is an indictable offence that must be dealt with summarily in the Magistrates Court and the maximum penalty is 200 penalty units (currently $28,750.00) fine or 3 years imprisonment. Where a person commits the offence under the influence of alcohol while racing or excessively speeding, or where they have previously been convicted of the same offence, the charge is dealt with summarily in the Magistrates Court unless the person elects for a trial by jury to be dealt with in the District Court). In the District Court, they are liable to a penalty of 400 penalty units ($57,500.00) or 5 years imprisonment.

If the driving has caused death or grievous bodily harm to another person, a magistrate cannot try the case and the matter must be dealt with by the District Court (either for trial or sentence). Upon conviction, the offender is liable to a maximum penalty of 10 years imprisonment, and if they were affected by drugs or alcohol at the time, excessively speeding or taking part in an unlawful race or speed trial, they are liable to a maximum of 14 years imprisonment. A person is also liable to 14 years imprisonment by leaving the scene before police arrive if they reasonably ought to know that someone has been killed or injured.

In certain circumstances, the court must impose a term of imprisonment.

The Main Offences that may be committed while driving after consuming alcohol or drugs

These offences include:

driving while over the no-alcohol limit—it is an offence to drive with any alcohol content while:
under 25 and not holding an open licence
driving various special vehicles including a truck, bus, taxi, limousine, tow truck, pilot vehicle or driver training vehicle
driving pursuant to a restricted licence or a replacement licence
driving while over the general alcohol limit—it is an offence to drive with a blood alcohol concentration of 0.05 but less than 0.10 (i.e. over the general alcohol limit but under the middle alcohol limit)
driving while a relevant drug is present in the blood or saliva - Relevant drugs are cannabis, speed and ice and(ecstasy. Any amount of drug detected is sufficient to constitute the offence
failure to provide a breath specimen—it is an offence to fail to provide, upon request from police, a specimen of breath or saliva (unless you have a medical condition that prevents you from doing so).

Being in charge of a vehicle

A conviction can result if someone is over the legal alcohol limit, under the influence of alcohol or a drug, or has a relevant drug present in their saliva or blood, even though they are not driving if they can be said to be in charge of the vehicle. For instance, any such person found asleep inside a vehicle may be convicted.

Bicycles and horses

Believe it or not, it is also an offence to drive/ride any horse or other animal, or any other vehicle besides a motor-driven one while under the influence of liquor or a drug. This includes bicycles. The offence is punishable by a maximum fine of 40 penalty units ($5222) or 9months imprisonment.