Traffic Offence Lawyer Townsville
Let ATL Assist You With Your Traffic Offences
The most common offences in this area include driving without a licence or whilst disqualified, speeding, drug and
drink driving and reckless or dangerous driving.
Traffic incidents can have long-lasting effects and can result in the disqualification of your licence, significant fines, jail and also civil action.
Anderson Telford Lawyers has successfully represented many clients in this area, especially with regard to obtaining Work Licences.
Driving Offences ATL Can Help With:
If a police officer intercepts you for a random breath test and you return a Breath Alcohol Concentration of over 0.05% or over the no alcohol limit for P platers/Provisional drivers or Learner drivers, you will be charged with an offence of drink driving.
The maximum penalty depends on the quantity of alcohol in your system at the time of testing and your traffic history. A disqualification period is inevitable, but you may be eligible to apply for a work licence.
Learn more about what our Drink Driving Lawyer can do for you.
Drug Driving
If a police officer intercepts you for a swab test and you return a positive result for drugs in your system you will be charged with an offence of driving whilst a relevant drug is present.
You can also be charged with drug driving if you are ‘in charge’ of a vehicle or fail to provide a blood specimen.
The test can detect a number of drugs such as cannabis, MDMA and MDA. There is no specific limit on the amount of drugs you are allowed to have in your system. If any drug at all is detected no matter how minute, you will be charged with an offence of driving whilst a relevant drug is present.
The maximum penalty depends on your history for like offences and whether there is a cocktail of drugs in your system, as well as the type of vehicle you're driving. Under all circumstances, mandatory minimum disqualification periods will apply on conviction. Repeat serious drug driving offenders can face penalties including mandatory periods of imprisonment.
If you are facing a drug driving charge, talk to our legal team today to find out more about your options and what to expect.
Dangerous Operation of a Motor Vehicle
Dangerous Operation of a Motor vehicle is a traffic offence that is contained in the Criminal Code. Whilst technically it is an offence against the crown, we have included it in our traffic offence section because of its correlation with driving a motor vehicle.
Most cases of Dangerous Operation of a Motor Vehicle arise from traffic crashes. The offence is punishable by 3 years
imprisonment in the first instance and a six month mandatory minimum license disqualification.
The penalty however is increased significantly if the driver is adversely affected, or the driving results in death or grievous bodily harm of any person. If you are convicted of Dangerous Operation of a Motor Vehicle that results in death or grievous bodily harm, you will likely serve a period of imprisonment and face a lengthy disqualification of your license. If you are a repeat offender, you will be subject to additional mandatory minimum penalties.
Because of the seriousness of the charge, our advice is that if you are involved in a traffic crash you should seek legal advice in any case, but if you believe that the police wish to speak with you, contact us early so that we can assist.
Work Licences/Special Hardship Orders
If you have been charged with a traffic offence, you may be eligible to make an application for a work licence or special hardship order.
In relation to an application for a work licence, there are certain conditions that must be satisfied in accordance with section 87 of the Transport Operations (Road Use Management) Act to be eligible to make an application.
In relation to an application for a special hardship order, there are certain conditions that must be satisfied in accordance with Part 14 of the Transport Operations (Road Use Management - Driver Licensing) Regulation 2010 to be eligible to make an application.
Call one of our lawyers today for professional advice on whether you might be eligible.
Speeding
The speed at which your vehicle was travelling significantly affects penalties. The area is also relevant and harsher penalties could be applied for school zones and other particular areas.
Unlicensed & Disqualified Driving
Both of these charges relate to the driving of a motor vehicle without a license, but attract significantly different penalties because of the circumstances surrounding the suspension.
A charge of unlicensed driving can arise if you drive in circumstances where you either don’t have a license for the type of vehicle you are driving, or your license has expired or you failed to renew it.
In other situations your license can be suspended due to the accumulation of demerit points, or because it has been otherwise suspended for either failing to pay a SPER debt or due to a high speed suspension imposed by Queensland Transport.
The most serious category is if you are driving whilst disqualified by a court order.
There are other situations when your license can be suspended, if you were charged with a drug or drink driving offence your license will be suspended for a minimum of 24 hours depending on the circumstances.
Unlicensed driving and disqualified driving offences are simple offences. They can be committed in conjunction with other offences. In some cases, license disqualification is discretionary in others statutory minimum disqualification periods apply of 2 years.
It is an offence if you are driving without a valid driver’s licence. If you are also under disqualification but you were caught driving a vehicle, the penalty could include additional disqualification, fines and even jail time. If you received a notice about the immediate suspension of your licence, you have the right to submit an appeal.
This may have significant impacts on you, so it is best to seek legal advice due to the complexity of this area of law.
Evading Police
Evading police is an extremely serious traffic offence that has dire consequences for anyone convicted of it. The offence of evade police occurs when a police officer tries to intercept a car and the driver of the vehicle flees or tries to avoid interception.
If convicted of this offence there is a mandatory minimum fine of $6,650 or 50 days imprisonment the whole term of which must be served in a correctional facility. You will also lose your license for a minimum of 2 years as a result.
Because of the seriousness of the charge you should seek legal advice straight away, but if you believe that the police wish to speak with you, contact us early so that we can assist.
How Can We Help With Traffic Offences?
With most traffic offences disqualification periods are inevitable. You may be eligible to make an application for a work licence or special hardship order, but this will depend on the circumstances of your case.
If you are not eligible to make one of these applications, our legal professionals will work hard to ensure you receive the best disqualification period that can be imposed.
Our team of experts are at your service. We are legal professionals with decades of experience with criminal law.
Anderson Telford Lawyers has a 24/7 crime line available for all our clients. If you need out immediate help, do not hesitate to call right away.
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