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FIXED FEES ON A RANGE OF TRAFFIC LAW SERVICES

Have you been charged with an offence in Mackay, Sarina, Proserpine or Moranbah? Our criminal lawyers are ready to assist with your criminal or traffic case. We offer fixed fees for guilty pleas, restricted work licences and special hardship applications.

If you have been charged with a traffic or criminal offence, we can guide you through the process and outline your options in a down-to-earth manner. In most cases we can assist for a reasonable fixed fee price.

DRINK DRIVING & DRUG DRIVING OFFENCES

Have you been caught drink or drug driving?
The penalty for a driving under the influence of liquor or dangerous drug charge can have a serious impact on you and your family. Even first time offenders can be sentenced to long periods of disqualification and serious penalties. Repeat offenders can face mandatory jail time. We can assist you in:

Appearing on your behalf in Court;
Providing advice about contesting the charge;
Providing advice on the likely penalty;
Providing advice in relation to appealing a penalty imposed by a Magistrate; and
Providing advice about work licences (more information below).

DRINK DRIVING – WORK LICENCE – RESTRICTED LICENCE

Are you going to lose your licence for drink driving or drug-driving?
You may be able to apply for a work licence. You must apply in writing before your drink driving charge is decided by the Magistrate. Not everyone is entitled to apply and you will need to meet strict criteria. If you have a question about your situation and whether you are able to apply for a work licence, you should call us for advice.

Are you eligible for a restricted licence?
If you need to be able to drive either to work or due to some other hardship, then you may be able to apply Restricted Licence. We at Barron & Allen Lawyers have experienced solicitors who can assist you with making such an application.

In order to make the Application, you need to meet certain criteria and provide supporting documentation to the Court. The Application is made to the Magistrates Court. We can assist you with assessing your circumstances, preparing all of the necessary paperwork and appearing on your behalf before the Magistrate on the allocated day. In most cases we can assist for a reasonable fixed fee price.

To check if you are eligible click below

Restricted licences – Work licence Eligibility

If you are convicted of a drink or drug driving offence, and you are an eligible person, you may apply to the court that convicts you for an order directing that you be issued with a restricted licence (commonly known as a ‘work’ licence).

We can assist with completing the Application for an Order directing the issue of a Restricted Licence (s87) (Form F3181) before the court hearing and give the application to the Magistrate immediately after you have been found guilty and before the Magistrate disqualifies you from holding or obtaining a driver licence.

Eligibility to apply for a restricted licence
To be eligible for a restricted licence you must be able to demonstrate to the court that you:

are a fit and proper person to continue to drive under the authority of a restricted licence, having regard to the safety of other road users and the public generally; and
need a driver licence to earn your living, and refusal to make an order for a restricted licence would cause you or your family extreme hardship.

Ineligibility
You are not eligible to apply for a restricted licence if:

you did not hold a valid open licence at the time you committed, and were convicted of, the offence
you were driving a motor vehicle that you were not authorised to drive under your open licence at the time you committed the offence
at the time of the offence you were learning to drive the next higher class of licence under the authority of your Queensland open licence
when tested, your blood or breath alcohol concentration was 0.15 or greater
when you committed the offence, you were using the vehicle in an activity directly connected with your means of earning a living
at the time of the offence, you were driving a truck, tractor, specially constructed vehicle, bus, articulated motor vehicle, B-double, road train, taxi, limousine, tow truck, pilot or escort vehicle escorting an oversize vehicle, a vehicle carrying a placard load of dangerous goods or a vehicle being used by a driver trainer to give driver training
in the past 5 years, your provisional or open licence has been suspended or cancelled, or you have been disqualified from holding or obtaining a Queensland driver licence for a reason other than those outlined below
you have been convicted of drink or drug driving or dangerous driving in the past 5 years

Note: Your eligibility to apply for a restricted licence is not affected by a suspension, cancellation or disqualification:

that was set aside on appeal
imposed because of a mental or physical disability
in relation to which a special hardship order was granted
imposed because you did not pay a fine
that was a 24 hour suspension because of a drink or drug driving related matter
imposed because you failed to appear in court to answer a charge of drink or drug driving
that was immediately suspended because of a mid-range alcohol offence.

Conditions for restricted licence holders
If a court grants an application for a restricted licence, you will be issued with an order directing that a restricted licence be issued to you during the period of your disqualification subject to conditions specified in the order.

The order will restrict you to specified circumstances directly connected with your means of earning your livelihood and may include the class of vehicle, the purpose and the times at which or period of time during which a vehicle may be driven.

You may also be required to hold a probationary licence for a further period of time before being eligible for an open licence.

If you are granted a restricted licence, you must:

carry your licence and court order when driving and promptly show it to a police officer when required
comply with the conditions (including class of vehicle) specified on the court order when driving
have a zero blood alcohol concentration when driving.

If you would like further information or wish to book an appointment, please call or email us.

SPECIAL HARDSHIP ORDERS

Losing your Licence for Speeding or a loss of Demerit points?
You may be eligible for a special hardship licence. If your Driver Licence has been suspended, but you need to be able to drive either to work or some other reason (hardship), then you may be able to apply for a Special Hardship Order. We at Barron & Allen Lawyers have experienced solicitors who can assist you with making such an application.

To check your eligibility click below

Special Hardship Orders

Eligibility
To be eligible for a special hardship order, you must hold a Queensland provisional or open driver licence that has been suspended because you either:

gained 2 or more demerit points while driving under a period of good driving behaviour for 1 year
committed a high speed driving offence (more than 40km/h over the speed limit).

You can’t apply for a special hardship order if your learner licence has been suspended.

Non-eligibility
You are not eligible to apply for a special hardship order if, within the 5 years before your driver licence was suspended:

your Queensland driver licence was cancelled or suspended, including if you were granted a special hardship order
you were disqualified from holding or obtaining a Queensland driver licence
your authority to drive in Queensland on a non-Queensland driver licence was suspended
you were made ineligible to apply for a Queensland driver licence because you either (a) incurred excessive demerit points or (b) were convicted of driving more than 40km/h over the speed limit while unlicensed
you were convicted of operating a vehicle dangerously.

However, you may still be eligible to apply for a special hardship order if you have received:

a suspension for failing to appear in court to answer a drink or drug driving charge
an immediate licence suspension because of an alleged drink or drug driving offence
a 24-hour suspension because of a matter relating to drink or drug driving
a suspension or cancellation set aside on review by the Department of Transport and Main Roads
a suspension or cancellation because of mental or physical incapacity
a suspension imposed by the State Penalty Enforcement Registry
a suspension or cancellation set aside on review by the Queensland Civil and Administrative Tribunal.

Note: The law changes from time to time and the above information may not be accurate at the time of your viewing. You should book an appointment with us for advice, as different information may apply.

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