Traffic Offence Lawyers Brisbane & Gold Coast (QLD)
Queensland’s traffic laws are complex and can be confusing to navigate alone – especially if you are charged with traffic offences which may result in a lengthy disqualification of your licence, or a period of imprisonment.
If you find yourself charged with a traffic offence, it is imperative that you seek legal advice as soon as possible to protect your legal rights and interests as well as your drivers licence.
Our experienced lawyers at Donnelly Law Group can assist you with navigating the complexities of your traffic law matters, from low range drink driving charges through to dangerous driving causing grievous bodily harm or death.
We provide comprehensive legal representation throughout Queensland, so no matter if you are located in southeast Queensland, on the Sunshine Coast, or up in far North Queensland, we can help you obtain the most favourable outcome for your traffic matters in any magistrates court in the state.
Special licence applications - giving you the best chance of saving your licence
If you are facing disqualification of your driver’s licence, depending on your situation, you may be eligible for a restricted work licence or a Special Hardship Order (SHO).
Restricted work licences and Special Hardship Orders (SHOs) allow you to continue driving under specific conditions. If you’re unsure whether your offence or licence situation qualifies, feel free to contact us about your eligibility.
Restricted work licence application
If you are charged with certain drug or drink driving offences, you may be eligible for a restricted work licence under section 87 of the Transport Operations (Road Use Management) Act 1995.
A work licence will allow you to continue driving under specific conditions related directly to your employment. For more information about restricted work licences, click here or give us a call on 1300 11 22 12 to discuss your eligibility with an experienced traffic lawyer.
Special hardship Order application
A special hardship order (SHO) is a court order that allows a driver with a suspended Queensland provisional or open licence to continue driving under restricted and specific conditions.
The suspension must relate to either:
- Accumulating 2 or more demerit points during a Good Driving Behaviour (GDB) period; and/or
- Committing a speeding offence of exceed speed by more than 40 km/h.
To be eligible for a special hardship order, your licence must have been suspended under specific circumstances noted above and the court must be satisfied that the licence suspension would cause:
- extreme hardship to you or your family by depriving you of your means of earning a living; and/or
- severe and unusual hardship to you or your family for other reasons, such as transporting a family member to medical appointments.
To find out more about SHOs, click here or give us a call on 1300 11 22 12 to discuss your eligibility with one of our experienced traffic lawyers.
Traffic law services that our experienced traffic lawyers can provide representation for
Drink driving offences in Queensland are broadly split into three categories depending on the amount of alcohol detected in your system:
- Low range – above 0.05 but below 0.10;
- Mid range – 0.10 or higher, but below 0.150; and
- High range (UIL) – 0.150 or higher.
Each of these offences have a mandatory minimum driving disqualification, which can be moderated at the discretion of the court with consideration of other factors such as:
- your previous driving and criminal history;
- the circumstances of to the charge – i.e. whether you were pulled over for a random breath test or were observed by police to be driving erratically;
- the danger (real or potential) posed to the public because of the offence;
- anything done to demonstrate remorse, contrition and accountability for your actions.
If you are charged with a low or mid range drink driving offence, you may be eligible for a section 87 restricted work licence, which would enable you to continue driving under special conditions for work purposes only.
If you would like more information about drink driving offences or your eligibility for a restricted work licence, click here or give us a call on 1300 11 22 12 to chat with one of our traffic lawyers.
In Queensland, it is an offence to, while a relevant drug is present in a person’s blood or saliva:
- drive a motor vehicle, tram, train or vessel; or
- attempt to put in motion a motor vehicle, tram, train or vessel; or
- be in charge of a motor vehicle, tram, train or vessel.
For the purposes of the offence, a relevant drug means MDMA, cocaine, cannabis or methylamphetamine.
If you have been charged with a drug driving offence, click here to find out more, or give us a call on 1300 11 22 12 to chat with one of our experienced traffic lawyers.
Dangerous driving is a serious traffic offence in Queensland, which can result in imprisonment, fines and licence disqualifications. Dangerous operation of a motor vehicle needs to be conduct that exposes other road users to risks over and above that faced under ordinary circumstances. Otherwise, every person caught speeding could be charged with dangerous operation of a motor vehicle.
Types of driving offences that may be considered dangerous could include:
- Dangerous Operation of a Motor Vehicle
- Dangerous Driving While Affected by Drugs or Alcohol
- Dangerous Driving Causing Grievous Bodily Harm or Death
- Careless Driving (Driving without due care and attention)
- Hooning
- Speeding over 40km/h
If you are caught driving while on a court-ordered disqualification, including for a drink or drug driving offence, you will face an automatic mandatory licence disqualification period of:
- a minimum 2 years, to a maximum 5 years as decided by the court.
These disqualification periods are mandatory penalties, which means that the Magistrate does not have the discretion to lower the disqualification period. If you were disqualified for six months due to driving under the influence and are caught driving on the last day, even to the Transport & Main Roads for your licence to be re-issued, you will face an mandatory minimum two-year disqualification.
Additional consequences for Disqualified Driving:
- Fines – Depending on the severity of the offence and whether you are a repeat offender, you may face hefty fines
- Imprisonment – Repeat offenders may face imprisonment
- Vehicle impoundment – Police can impound or confiscate your vehicle if you drive while disqualified
- Repeat offences – If you have multiple disqualified driving offences, you may face harsher penalties, including longer disqualification periods
Unlicensed driving in Queensland is a traffic offence that applies to anyone who drives without a valid licence. A person can be charged with unlicensed driving if they:
- Never held a valid licence
- Had a licence but is now expired and did not renew it
- Driving a vehicle they are not licensed for (e.g., driving motorcycle with only a car license)
- Driving while disqualified by a court
- Holding an overseas licence but no longer allowed to use it in Queensland
- Licence suspended by Transport and Main Roads (TMR) due to demerit points, unpaid fines (SPER) or immediate suspension for drink/drug driving
- Serving a high-speed suspension (more than 40km/h) at time of the offence
The penalties for unlicensed driving depends on the circumstances of the offence, including prior convictions, repeat offences or imposed disqualification from the courts.
Traffic offences charges that we can provide expert legal advice on
High range drink driving penalties
A high range drink driving offence or driving under the influence of liquor (UIL), involves returning a blood alcohol reading of 0.150% or higher whilst in charge of a motor vehicle. If you are charged with driving UIL, your licence will be suspended immediately and will not be reinstated until the finalisation of your matter, inclusive of any court-ordered disqualification period imposed.
The minimum disqualification period for driving UIL is 6 months with no maximum disqualification period. This means that, depending on the circumstances of your offence – such as whether you are a repeat offender – the court may order a much longer disqualification period, or other penalties including community service or imprisonment.
If you are charged with driving UIL, you will not be eligible for a work licence or special hardship order, and you will be required to install an interlock device on your vehicle for the 12 months following the completion of your licence disqualification period.
To have a chat with one of our experienced traffic lawyers today, give us a call on 1300 11 22 12
What is the maximum penalty you can get for High range drink driving in QLD?
- First offence: A mandatory minimum 6-month licence disqualification, a fine of up to $4,516, or a maximum penalty of 9 months imprisonment.
- Repeat offences: A mandatory minimum 1-year licence disqualification, a fine of up to $9,678, or a maximum penalty of 18 months imprisonment for a repeat offence within a 5-year period. For third or subsequent high range drink driving offences, the courts are required to impose a sentence of actual imprisonment.
What are potential defence strategies for High range drink driving in Brisbane, Gold Coast & QLD?
- Challenging BAC Results
- Person was not in charge of the motor vehicle
- Person was not adversely affected by an intoxicating substance
- Extraordinary emergency
Mid range drink driving penalties
A mid range drink driving offence involves returning a blood alcohol reading of 0.10 to 0.149% while driving or being in charge of a motor vehicle. If you are charged with a mid range drink driving offence, your licence will be suspended immediately and will not be reinstated until the finalisation of your matter, inclusive of any court-ordered disqualification period imposed.
The minimum disqualification period for driving over the middle alcohol limit is 3 months with a maximum disqualification period of 12 months. This means that, depending on the circumstances of your offence – such as whether you are a repeat offender – the court may order a much longer disqualification period, or other penalties.
If you are charged with mid range drink driving, you may be eligible for a work licence, and you will be required to install an interlock device on your vehicle for the 12 months following the reinstatement of your drivers licence.
To have a chat with one of our experienced traffic lawyers today, give us a call on 1300 11 22 12
What is the maximum penalty you can get for Mid range drink driving in QLD?
- First offence: A court-imposed disqualification of 3 to 12 months, a fine of up to $3,226, or a maximum penalty of 6 months imprisonment.
- Repeat offences: A court-imposed disqualification of 3 to 18 months, a fine of up to $4,516, or a maximum penalty of 9 months imprisonment for a repeat offence within a 5-year period.
What are potential defence strategies for Mid range drink driving in Brisbane, Gold Coast & QLD?
- Challenging BAC Results
- Person was not in charge of the motor vehicle
- Extraordinary emergency
Low range drink driving penalties
A low range drink driving offence (or driving over the general alcohol limit) involves returning a blood alcohol reading of 0.05 to 0.099%. If you are charged with a low range drink driving offence, your licence will be suspended immediately for 24 hours, after which you may start driving again.
The minimum disqualification period for a low range drink driving offence is 1 month with a maximum disqualification period of 9 months. This means that, depending on the circumstances of your offence – such as whether you are a repeat offender – the court may order a much longer disqualification period, or other penalties.
If you are charged with low range drink driving, you may be eligible for a work licence or special hardship order. You will not be required to install an interlock device on your vehicle.
To have a chat with one of our Queensland traffic lawyers, give us a call on 1300 11 22 12
What is the maximum penalty you can get for Low range drink driving in QLD?
- First offence: A court-imposed disqualification of 1 to 9 months, a fine of up to $2,258, or a maximum penalty of 3 months imprisonment.
- Repeat offences: A court-imposed disqualification of 3 to 18 months, a fine of up to $4,516, or a maximum penalty of 9 months imprisonment for a repeat offence within a 5-year period.
What are potential defence strategies for Low range drink driving in Brisbane, Gold Coast & QLD?
- Challenging BAC Results
- Medication condition affected the BAC results
- Extraordinary emergency
Driving on a suspended licence
If you are caught driving while on a suspension for a drink driving offence, you will face an automatic mandatory licence disqualification period of:
- if driving during a 24-hour suspension period – 6 months (usually applicable to low range and drug driving offences); and
- if driving while suspended until the finalisation of your matter (for mid-range and above) – a minimum of 2 years, with a maximum of 5 years depending on the circumstances and your previous traffic and criminal history.
These disqualification periods are mandatory penalties, which means that the Magistrate does not have the discretion to lower the disqualification period.
To have a chat with one of our Queensland traffic lawyers, give us a call on 1300 11 22 12
What are potential defence strategies for Driving on a suspended licence in Brisbane, Gold Coast & QLD?
- Duress
- Mistaken identity
- Accused had a valid licence
- The suspension was not validly imposed
- Accused was not driving on a road
Dangerous driving causing death or serious injury
Under subsection 328A(4) of the Queensland Criminal Code, dangerous driving that results in death or grievous bodily harm (GBH) carries a maximum penalty of 14 years imprisonment. Grievous bodily harm describes any injury that results in the loss of a distinct part of the body, serious disfigurement or a bodily injury if left untreated could endanger or cause permanent injury to health.
What is the maximum penalty you can get for Dangerous driving causing death or serious injury in QLD?
The maximum penalty for dangerous driving causing death or serious injury in Queensland is 14 years imprisonment. However, if any aggravating factors such as speeding, street racing or driving under the influence are present, the maximum term of imprisonment can increase up to 20 years.
What are potential defence strategies for Dangerous driving causing death or serious injury in Brisbane, Gold Coast & QLD?
- Injury did not amount to grievous bodily harm
- External factors caused death or GBH
- Extraordinary emergency
- Duress
Hooning offences & charges
Hooning offences in Queensland are grouped into 2 categories called; Type 1 or Type 2 offences. While hooning is not a specific offence, police have powers under road safety laws to impound vehicles involved in hooning offences.
Below are examples of Type 1 and Type 2 hooning offences:
| Type 1 Hooning Offence | Type 2 Hooning Offence |
|---|---|
| Dangerous driving | Unregistered motor vehicle use |
| Careless driving | Driving while disqualified or unlicensed |
| Street racing | Driving over the alcohol limit |
| Burnouts | Refusing to partake in breath, blood, or saliva testing |
| Evading police | Driving modified or defective vehicles |
| Revving | Excessive speeding (40km/h over the limit) |
| Creating loud noise | High-range drink driving (over 0.15% BAC) |
| Producing unnecessary smoke |
What is the maximum penalty you can get for hooning in QLD?
Police have different powers to impound or confiscate vehicles depending on whether the offence is considered Type 1 or Type 2:
- Type 1 offences: Police can impound your vehicle for 90 days for a first offence and may permanently confiscate your vehicle for repeat offences.
- Type 2 offences: Your vehicle may be immobilised for 7 days, with increasing penalties (up to 90 days) for repeat offences.
Note: Even though hooning offences allow police to impound or confiscate vehicles, drivers can still be charged for criminal offences, such as, dangerous driving, unlawful street racing or evading police. These offences carry their own criminal penalties which can include fines, disqualifications and imprisonment.
What are potential defence strategies for hooning in Brisbane, Gold Coast & QLD?
- Accused was driving lawfully
- Mistake of fact
- Mistaken identity
Negligent & careless driving causing death
Negligent driving known as careless driving (driving without due care and attention) refers to driving a vehicle without due care or attention or driving without reasonable consideration for other road users. This offence is less severe than dangerous driving, however it can still result in imprisonment and fines.
When careless driving causes death or grievous bodily harm (GBH) of another person, the penalties become increased. Grievous bodily harm describes any injury that results in the loss of a distinct part of the body, serious disfigurement or a bodily injury if left untreated could endanger or cause permanent injury to health.
Here are some examples of careless driving causing death/GBH:
- Failing to give way – not yielding at an intersection, leading to a fatal collision
- Tailgating – not maintaining a safe distance, leading to a rear-end collision causing spinal injuries to the victim
- Distracted driving – using a mobile phone, eating, daydreaming or adjusting in-car settings resulting in a fatal collision
What is the maximum penalty you can get for careless driving causing death in QLD?
- No death or GBH (e.g., minor crash, distracted driving): Up to 6 months imprisonment or a fine of up to $6,452
- Death or GBH caused: Up to 1 year imprisonment or a fine of up to $12,904
- Death or GBH caused while unlicensed: Up to 2 years imprisonment or a fine of up to $25,808
What are potential defence strategies for careless driving causing death in Brisbane, Gold Coast & QLD?
- External factors caused the GBH or death
- Harm did not meet threshold of GBH
- Driver exercised reasonable caution and care
- Sudden & unforeseeable emergency
- Mechanical failure
- Medical episode
- Mistaken identity
Repeat offender unlicensed driving charges
In Queensland it is illegal to drive without a valid drivers licence, repeat offenders can face severe penalties including fines and imprisonment. While unlicensed driving is a serious offence, it is not as severe as driving while disqualified, which involves a court-imposed ban.
A repeat unlicensed driver is someone who has been previously charged with unlicensed driving within the last 5 years.
What is the maximum penalty you can get for Repeat unlicensed driving in QLD?
The maximum penalty for repeat unlicensed driving in Queensland is a fine of up to $6,452 or 1 year imprisonment, along with a mandatory disqualification period of at least 1 month and up to 6 months, as determined by the court.
What are potential defence strategies for Repeat unlicensed driving in Brisbane, Gold Coast & QLD?
- Drivers licence was valid
- Not a repeat offender
- Extraordinary emergency
- Mistaken identity
Hit & run charges
In Queensland, leaving the scene of an accident (hit & run) is a serious offence, especially if it involves injury, death, or property damage. The Transport Operations (Road Use Management) Act 1995 regulates drivers responsibilities following an accident, drivers involved in a crash must:
- Stop immediately at the scene
- Provide their details (name, address, vehicle registration) to the other party or police
- If a person is injured, remain at the scene and render assistance to the injured person
- If a person is dead, remain near the scene of the incident and take whatever steps are reasonably practicable to have the body removed to an appropriate place
What is the maximum penalty you can get for Hit & run in QLD?
| Offence | Maximum Penalty | Mandatory Licence Disqualification |
|---|---|---|
| Failing to stop and assist (accident causing death or GBH) | Fine of up to $19,356 or up to 3 years imprisonment | 6 month mandatory licence disqualification (court may impose longer period) |
| Failing to stop and assist (no death or GBH) | Fine of up to $3,226 or up to 1 year imprisonment | Not mandatory but possible depending on the circumstances |
| False reporting of an accident to police | Fine of up to $6,452 or up to 6 months imprisonment | N/A |
At Donnelly Law Group, our expert lawyers have successfully defended clients facing hit & run offences across Queensland. We understand the complexities of traffic and criminal law offences and work tirelessly to get your charges reduced or in some cases dropped completely. Call us today on 1300 11 22 12 for your free confidential consultation.
What are potential defence strategies for Hit & run in Brisbane, Gold Coast & QLD?
- There was no crash
- Accused remained at the scene
- Accused was unaware of a crash
- Extraordinary emergency
- Medical episode
Driving with relevant drug in saliva
In Queensland, it is an offence to, while a relevant drug is present in a person’s blood or saliva:
- drive a motor vehicle, tram, train or vessel; or
- attempt to put in motion a motor vehicle, tram, train or vessel; or
- be in charge of a motor vehicle, tram, train or vessel.
For the purposes of the offence, a relevant drug means MDMA, cocaine, cannabis or methylamphetamine.
If you have been charged with a drug driving offence, click here to find out more, or give us a call on 1300 11 22 12
What is the maximum penalty you can get for Driving with relevant drug in saliva in QLD?
- Fine up to $2,258 or;
- Up to 3 months imprisonment and;
- First time offenders will have their licence disqualified for 1 month to a maximum period of 9 months
- Repeat offenders (within 5 years) will have their licence disqualified for 3 months to a maximum period 18 months
What are potential defence strategies for Driving with relevant drug in saliva in Brisbane, Gold Coast & QLD?
- Extraordinary emergency
- Duress
- Mistaken identity
- Accused was not driving
Refusing breathalyser test
Refusing to provide a breath specimen for analysis when lawfully required by police is an offence under the Transport Operations (Road Use Management) Act 1995. This offence applies regardless of whether you have consumed any drugs or alcohol.
Examples of refusing a breathalyser test:
- Failing to provide a specimen in a way directed by police
- Not blowing into the breathalyser
- Stopping to blow before instructed
Police have the powers to stop drivers anytime to conduct a breath or saliva test. These tests often commonly occur after an accident, roadside test station or during random breath tests (RBT) operations.
What is the maximum penalty you can get for Refusing breathalyser test in QLD?
The maximum penalty for failing to provide a specimen of breath or blood in Queensland is a fine up to $6,452 or up to 6 months imprisonment. A 6 month licence disqualification will also be imposed, the courts have discretion to increase the disqualification period.
What are potential defence strategies for Refusing breathalyser test in Brisbane, Gold Coast & QLD?
- Unlawful police request
- Medical condition
- Breathalyser device was faulty
Police evasion offences & charges
Police have powers under Section 754 of the Police Powers and Responsibilities Act 2000 to direct a driver to stop their motor vehicle. The driver must comply and stop as soon as reasonably practicable.
Failing to stop when instructed by police is known as ‘evading police’, this offence applies whether the police used their lights, sirens or verbal commands.
What is the maximum penalty you can get for Police evasion offences in QLD?
- Minimum penalty: Up to $8,065 fine or 50 days imprisonment served wholly in a corrective services facility
- Maximum penalty: Up to a $32,260 fine or up to 3 years imprisonment
- Mandatory 2 year disqualification of your licence.
- If any aggravating circumstances are present such as committing the offence at night, violent threats, or if the offender was armed, maximum imprisonment sentence increases up to 5 years.
What are potential defence strategies for Police evasion offences in Brisbane, Gold Coast & QLD?
- A reasonable person would have not stopped given the circumstances
- Emergency
- Police did not give audible or physical signs to pull over
Why choose traffic lawyers at Donnelly Law Group?
Extensive experience handling traffic offences across Brisbane, Gold Coast & Regional Queensland
At Donnelly Law Group we have handled traffic offences across Brisbane and the Gold Coast for over 25+ years. Whether you have been charged with a minor traffic offence or a serious offence carrying the risk of imprisonment, our skilled lawyers will provide expert legal representation and dedicated support to help you achieve the best outcome possible.
Local expertise
Donnelly Law Group was founded in Queensland and has extensive experience in handling cases across the state. With experience in all levels of the Queensland court system, you can trust us to provide strong legal support for all traffic offences.
Personalised approach for all traffic offences to help achieve the best outcome for our clients
We provide our clients with a personalised approach for all traffic offences, ensuring that every case is handled with care, attention and dedication.
Book An Appointment.
Our legal strategy for traffic offences across Brisbane & Gold Coast (QLD)
At Donnelly Law Group we recognise that each traffic offence case in Brisbane and the Gold Coast is unique. Our legal strategy focuses on analysing your situation, reviewing evidence, creating a defence strategy and representing your matter in court achieving the best outcome possible.
Initial consultation
During your initial consultation, our lawyers will discuss your case and provide clear legal advice as to the next phases of your traffic charges.
Case assessment
Our lawyers will carefully take time to review all details of your case, including evidence provided by police, to gain a complete understanding of your circumstances.
Developing a defence strategy
After our lawyers have reviewed your case, a defence strategy will be created to your unique circumstances, we aim to achieve the best outcome possible in the courts.
Court representation
We prioritise your instructions and work diligently to represent your interests in court. Our lawyers are prepared, determined and well-versed with court procedure, ensuring your defence is presented professionally before the courts.
Traffic offence FAQs.
Can I go to prison for a traffic offence in QLD?
Yes – dangerous driving charges are a criminal offence in Queensland and can result in imprisonment for up to 3 years.
Can I represent myself in court for a traffic offence?
Yes, you can represent yourself in court for a traffic offence in Queensland. However, its important to note that Queensland’s traffic laws are extensive and complex. Engaging with experienced traffic lawyers can help you navigate your legal issues more effectively, leading to a more favourable outcome in court.
How much does a traffic lawyer cost in Brisbane & Gold Coast?
At Donnelly Law Group we understand that legal fees can be a concern. That’s why we offer fixed fee arrangements instead of charging per hour. This ensures you know the exact upfront cost with no unexpected invoices. Additionally, we offer flexible payment plans, allowing you to make a small deposit and pay the remainder as your case progresses. This approach ensures that high quality legal representation is accessible to everyone in Queensland.
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