Minor driving offences are generally summary offences.
Common examples include drink driving, driving without due care and attention, unregistered driving, driving on a suspended licence and unlicensed driving.
There are a range of penalties a Court can impose depending on the offence and its severity, ranging from a fine, probation, community service orders, suspended sentences and a term of imprisonment.
Work licence
If you are charged with drink driving, drug driving or failing to provide a roadside breath specimen, you may be eligible to apply to the Court for a licence to drive for work purposes only.
You must satisfy the Court that:
- You are a fit and proper person to hold a restricted licence by reference to the safety of road users and public safety
- Being refused a work licence would cause you or your family extreme hardship by depriving you from earning your livelihood
There are a number of exceptions to eligibility for a work licence – for example, high range drink driving.
It is also important to note that, if you plead guilty to the offence, you cannot apply for a work licence at a later date.
Good Driving Behaviour Period (GDBP)
In certain circumstances, where you exceed your demerit point limit, you may either:
- Elect to keep your driver’s licence suspended for a period of three months; or
- Keep your driver’s licence on the proviso that you agree to be placed onto a 12 month good behaviour driving period with one demerit point.
To be placed on the GDBP, you must notify a Department of Transport and Main Roads (DTMR) Customer Service Centre in person or online.
If you do not do so, your licence will automatically be suspended for three months.
The onus is on you to ensure that you notify the DTMR.
If you fail to do so and continue to drive, you may be charged with unlicensed driving and lose your licence for a longer period of time than initially.
Special hardship order
If you are charged with driving in excess of 40 km/h and/or you receive more than one point during your good driving behaviour period, you may be eligible to apply to the Court for a special hardship order to allow you to continue to drive in accordance with the conditions imposed upon you.
You must satisfy the Court that:
- You are a fit and proper person to hold a restricted licence by reference to the safety of road users and public safety
- Being refused a work licence would cause you or your family extreme hardship by depriving you from earning your livelihood, or would otherwise cause you or family severe and unusual hardship
You must apply for the order within 21 days of your licence suspension.
Note that if you are suspended for driving in excess of 40 km/h and undertake licence suspension rather than a good driving behaviour period, you will be excluded from applying for a special hardship order.
Drink and drug driving
For the offence of drink driving, or being in charge of a motor vehicle while under the influence, the penalties open to a Magistrate depend upon your blood alcohol content (BAC).
In Queensland, the following BAC levels for open licence holders apply:
- The general alcohol limit is 0.05 units of alcohol to one litre of blood.
- The middle alcohol limit is 0.10 units of alcohol to one litre of blood.
- The high alcohol limit is 0.15 units of alcohol to one litre of blood.
Learner and provisional licence holders cannot drive with any alcohol in their system.
Offenders can also be dealt with for driving under the influence of drugs or being in charge of a vehicle whilst under the influence.
Late night driving restriction
You will also not be able to drive a motor vehicle between the hours of 11 pm and 5 am the following day. This is known as a late night driving restriction.
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