Traffic offences are a common concern for many drivers, and we often receive a variety of questions from prospective clients who find themselves facing charges.
Whether it’s being caught for drink driving while stationary, dealing with speeding fines, or navigating the complex process of applying for a restricted licence, traffic laws can be confusing and overwhelming.
In this article, we answer some of the most frequently asked questions about Queensland’s traffic laws our lawyers get asked, helping you understand your rights, potential penalties, and what steps you can take to protect your licence and livelihood.
Q. I was done for drink-driving and I was just sitting in the car with the air-conditioner on. Can I be charged?
Potentially, depending on the circumstances.
Section 79 of the Transport Operations (Road Use Management) Act Queensland provides:
1. Any person who, while under the influence of liquor or a drug-
(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor vehicle, tram, train or vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel;
is guilty of an offence.
Merely sitting in the vehicle when over the legal alcohol limit can result in being charged. However, the police will need to show that you were in charge of the vehicle or attempting to put it into motion
If you are behind the steering wheel with the vehicle on, and there was no one else in the vehicle, then police would have an arguable case.
Q. I have been charged with drink driving with a reading of 0.057. Can I get a work licence application as I have no other way to get to work?
Depending on your circumstances, you may be entitled to make an application for a restricted driver's licence.
The rules and processes for obtaining a restricted licence in Queensland are found in the Transport Operations (Road Use Management) Act 1995 and the Transport Operations (Road Use Management- Driver Licensing) Regulation 2010.
It is crucial that you make the application to the court before pleading guilty, otherwise you may not be entitled to apply later. 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
you are in need of 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.
However,, generally, 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 drive 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
Q. I was caught speeding 41km/h over the speed limit and have just recently received a letter from Transport and Main Roads suspending me. Is this normal and how can I get out of it?
If you a caught driving more and 40km/h over the speed limit, you will receive a letter from the Department of Transport and Main Roads imposing a suspension of your licence for 6 months. It is important to note that a good driving behaviour licence is not available if you are convicted with a high-speed offence.
For many traffic offences, in addition to a fine, you may also lose demerit points. If you lose more than your allocated demerit points, you can lose you licence.
If you have accumulated too many demerit points, you will receive a notification from the Department of Transport and Main Roads. It is important that you read this notification document carefully as it will set out the various options available to you.
Q. Is there any way to refuse providing a sample of breath or saliva to the police when you get pulled over?
The only possible defence against failing to provide a sample of breath is if you physically cannot do so due to a medical condition.
In the absence of strong medical evidence, it is an offence to refuse or fail to provide a sample of breath or saliva. If you are asked by a Queensland police officer and you fail to comply with the law, you can be convicted of the offence even if you haven't consumed any alcohol.
It is not a defence to say you want to seek legal advice before providing a-sample for further analysis.
The other thing to be aware of is that the penalty for such an offence is equivalent to a high range drink driving offence, and can result in a minimum disqualification of 6 months. Further penalties may also include a substantial fine or even jail time depending on the circumstances. You could also be subject to alcohol ignition interlock laws.
Q. I was driving and a camera has taken a photo of my phone resting on my leg. I was using it for directions but now I have an infringement notice. Surely I can fight this?
'Use' in relation to a mobile phone means holding the phone in the driver's hand, or resting the phone on any part of the driver's body.
It doesn't matter whether or not the phone is operating, or the purpose of operating the phone or a function on the phone or whether it is partially or wholly supported by another part of the driver's body or another thing. A driver must not use a mobile phone while the vehicle is moving or is stationary but not parked.
In terms of the-options, you are given 28 days to decide whether to:
Accept liability for the offence and pay the fine
Submit a declaration if you were not the driver
Elect to contest the matter in court
Another thing to be aware of is that Learner and P1 Provisional Licence drivers under 25 must not use hands-free, wireless headsets or a mobile phone's loudspeaker function. If your phone is in a pocket of your clothing or a pouch you're wearing, you must not use it in any way. This includes touching it, looking at it or operating it with your voice.
Passengers of Learner and P1 Provisional Licence drivers are also banned from using a mobile phone's loudspeaker function.
While you can't hold a phone when driving, you can hold a phone when safely stopped to:
pay for goods and services, for example at a drive through
gain access to or from a road-related area, such as a car park
present a digital driver licence or other document to police when asked
get a card or money out of a phone wallet for the previous listed purposes
You can also use your phone when safely parked. Parked means stopped with the intention of staying at that place.
If you're an Open or P2 Provisional Licence holder, you are also allowed to touch your mobile phone for hands-free use if, for example, the phone is in a cradle attached to the vehicle. Hands-free use can include:
accepting a call
using navigation apps
skipping-a song
accepting/ending a trip as a rideshare driver
Open and P2 Provisional Licence holders can also use a phone hands-free if it's in a pocket of your clothing or a pouch you're wearing. However, you must not touch or look at the phone. It can only be operated using your voice. You can be fined $1,209 (at the time of writing) and have 4 demerit points recorded against your traffic history for using a mobile phone illegally while driving. This includes when you're stopped at traffic lights or stopped in traffic.
Double demerit points apply for second or subsequent mobile phone offences committed within 1 year after an earlier offence.
Schedule A Free 30 Minute Consult
Being charged with a traffic offence can be a stressful and confusing experience, especially when court appearances and potential penalties are involved. At RHC Solicitors, we understand the seriousness of these situations, and are committed to guiding clients with tailored legal advice and affordable representation.
To help you get started, our traffic lawyers offer a free no-obligation 30 minute consultation for new clients, allowing our lawyers to get to heart of the offence, your goals and needs, and what realistic options you can take. Schedule an appointment below to get started.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication is that of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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