Traffic Matters

Traffic and Criminal Lawyers in Bundaberg, Childers, Mundubbera, Gayndah and the Wide Bay Burnett

The team at Finemore Walters and Story has wide-ranging experience when it comes to dealing with traffic matters.

Application for Work Licence

If you have been charged with a drink driving offence and your blood alcohol concentration was less than 0.15 units, you may be eligible to apply for a Work Licence. Along with the Application From, you will be required to submit an affidavit from yourself detailing your personal circumstances (living arrangements, employment details, traffic history, financial situation, and your general character) and an affidavit from your employer confirming your employment details to the Court. You must satisfy the Court that you are a fit and proper person to hold a driver’s licence having regard to the safety of other road users and the public generally, and that you or your family will experience extreme financial hardship if you are deprived of your means of earning a living due to your lack of a drivers licence.

Your application must be filed within 28 days from the date you receive your Infringement Notice, and you must first plead guilty and be convicted of the charge. At Court, the Magistrate will hear the plea of guilty entered and convict you of the offence, and then immediately hear the Application for a Work Licence to decide if one should be issued.

If you are issued with a Work Licence, you will be able to drive directly to and from your place of employment, and specifically for the purpose of carrying out your duties pursuant to your employment. For example, if you are required to drive a vehicle as part of your employment (truck driver, delivery driver, tradesperson who drives between job sites, sales representative etc.) you will be able to do so, providing that you are able to demonstrate that you are driving for the purpose of your employment if stopped by a Police Officer.

The judge may also impose time restrictions on the Work Licence allowing you to drive only between certain times, or to and from certain places, and may also require you to carry a log book and record your travel. You may also be limited in relation to your ability to carry passengers.

We can assist you to prepare the required material, and attend Court on your behalf to make the process as smooth and stress-free for you as possible.

Application for Special Hardship Order Licence

If you have gained 2 or more demerit points whilst subject to a Good Driving Behaviour Period or been convicted of an offence of driving more than 40km/h over the speed limit, you may be eligible to apply for a licence under a Special Hardship Order. You must file the Application Form, and an affidavit from yourself detailing your personal circumstances (living arrangements, employment details, traffic history, financial situation, your general character, etc.) and an affidavit from your employer confirming your employment details OR an affidavit or statutory declaration from friends, family, or other persons (doctors, specialists, etc.) in support of your affidavit.

You must satisfy the Court that you are a fit and proper person to hold a driver’s licence having regard to your traffic history and the safety of other road users and the public generally. You must also satisfy the Court that you or your family will suffer extreme financial hardship if you are deprived of your means of earning a living due to your lack of driver’s licence OR that you or your family will suffer severe and unusual hardship other than by being deprived of your means of earning a living. For example, you may not require a driver’s licence to get to and from work, but you may be a full time carer for a spouse or child and require a driver’s licence to transport them to and from regular medical appointments.

Your application must be filed within 21 days from the date your driver’s licence was suspended, and you must first plead guilty and be convicted of the charge. At Court, the Magistrate will hear the plea of guilty entered and convict you of the offence, and then immediately hear the Application for a Special Hardship Order to decide if one should be issued.

The judge may impose restrictions on your ability to drive under the Special Hardship Order, allowing you to drive only between certain times, or to and from certain places. They may also place restrictions on your ability to carry passengers.

We can assist you to prepare the required material, and attend Court on your behalf to make the process as smooth and stress-free for you as possible.

General Traffic Matters

We are able to provide advice regarding any other traffic offence you have been charged with including Unlicensed Driving, Driving Without Due Care and Attention, and Dangerous Operation of  Motor Vehicle (which is an offence under the Criminal Code), and everything in between.

We have experience in dealing with offences arising under the Heavy Vehicle National Law Act 2012 which regulates log book requirements for truck drivers, making further applications to the Court for the removal of licence disqualification periods longer than 2 years, and are also able to provide assistance if your matter is not going to Court. We can draft submissions to the police in an attempt to have your Infringement Notice reconsidered and potentially withdrawn, and can assist you in dealing with toll notices, and licence suspensions imposed by the State Penalties Enforcement Registry (SPER).

Contact us now to make an appointment for a no-obligation, fixed fee initial consultation to discuss your traffic matter. We can meet with you in person or by phone.

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