Traffic Charges & Licence Appeals
Traffic offences, although they seem minor in nature, can often leave people on the wrong side of the legal system. They affect almost everyone, and in some cases the effects can be serious and damaging, giving rise to convictions, fines or licence disqualifications.
Queensland’s road rules apply under the Transport Operations (Road Use Management) Act 1995 and the Road Rules Regulations made under that Act. Penalties vary markedly depending on the offence involved. Minor offences, like simple speeding offences, carry a small fine while others, like driving while disqualified, can carry substantial penalties including fines, lengthy periods of disqualification from holding a driving licence and sometimes even jail time.
While most people are broadly acquainted with the system of traffic penalties, the rules in this area of law are constantly changing, and navigation around the penalties for these offences can be confusing to even the most intellectual. The Osborne Butler Lawyers are dedicated to ensuring they are up to date with all traffic laws and legislation to ensure you receive the best possible result for your matter.
Clients often come to us seeking representation for traffic offences in two situations. Either they have been charged with a serious traffic offence that holds a substantial penalty, or they are facing a licence suspension.
One alternative is to challenge whether the offence has occurred. The chances of a successful challenge depend on the offence involved. Often it can be difficult to challenge police evidence of the offence because it is obtained using technical devices such as speed cameras which are operated and tested in accordance with detailed procedures. If you want to make such a challenge, you will need to provide evidence to support your case. It is important that you seek legal advice urgently to ensure that all the necessary evidence is collected while it is still fresh.
The other alternative is to accept the charge and to apply to the Court for a ‘special hardship order’ to allow you to continue to drive your vehicle at the times and for the reasons specified in the order.
The Court will only grant such an order if you can prove that you are a fit and proper person to continue to drive, having regard to your driving record. You will also need to prove that the order is required to avoid extreme hardship to you or your family because without it you will not be able to earn a living or for some other good reason. Alternatively, if you have lost your licence, but need it for work, you may be entitled to apply for a work licence. If successful, the court will grant you a work licence, specifying that you only drive on specific days at specific times for the purposes of your employment.
You may need to provide supporting evidence from third parties such as your employer. In either case, you need a lawyer who is familiar with this area of law in order to have the best chance of getting a positive outcome.
If you are facing a serious traffic offence or a licence disqualification, Osborne Butler’s team can quickly advise you of the options that are best suited to your circumstances. Please contact us on 07 4041 3301 to arrange a consultation.
What people say?
During a serious crisis in my ife Mr David Jenkins reached out and provided his services to me. His understanding of the law and willingness to help provided an enormous relief. David’s professionalism in handling the matter leading to a dismissal of charges was outstanding. Further to this his hardworking attitude and excellent communication skills, David alleviated the stress I was experiencing. As a result of David’s actions, I hold your firm in the highest regard and as a businessman for over 30 years in Cairns, I will without hesitation recommend your firm to everyone when appropriate. My sincerest thanks are extend to David and Osborne Butler Lawyers for your exceptional service, professional courtesy and outstanding integrity.
I had Mark represent me last year. Very professional and easy to work with. My case went on for nearly a year and he was always in contacted with me to let me know everything I needed to. Everything I instructed him to do he did with ease and professionalism. I got the result I wanted and deserved all down to him. Thanks again.