Services
Traffic Lawyers Cairns, Brisbane, Gold Coast
Traffic Lawyers Helping Queenslanders Facing Traffic Charges & Licence Appeals
Facing a Traffic Offence can be daunting, even if it seems minor at first. At Osborne Butler Lawyers, we understand the real impact these situations can have on your life. Our Traffic Lawyers are here to navigate the complexities of Traffic Law Matters with you. From potential convictions and fines to the risk of losing your licence, we provide expert legal guidance to help you through every step of the process and assist you in achieving the best possible outcome.
Charged With A Traffic Law Offence?
If you have been changed with a Traffic Law Offence and have to go to Court, it is important to seek the advice of an experienced Traffic Lawyer. At Osborne Butler, our Traffic Lawyers have a wealth of experience in all areas of Traffic Law. We offer legal representation in every Court in Queensland and can assist with the following areas:
Our Traffic Law Services
- Drink Driving
- Dangerous Driving
- Careless Driving
- Driving Unregistered
- Vehicle Impoundments
- Drug Driving
- Dangerous Driving Causing Death
- Unlicensed Driving
- Hooning Offences
- Work Licence
- Excessive Speeding Offences
- Dangerous Driving Causing GBH
- Disqualified Driving
- Traffic Infringements
- Special Hardship Order
Legal Representation for Traffic Charges and Licence Appeals Across Queensland
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.
Experienced traffic lawyers in Queensland
Being charged with a traffic offence in Queensland can be stressful, particularly where your licence, livelihood or ability to work is at risk.
What might seem like a minor driving matter can quickly escalate into court proceedings, licence suspension or disqualification. In more serious cases, it can even lead to criminal penalties.
At Osborne Butler, our Queensland traffic lawyers provide clear, practical advice on driving and licence matters: from initial police contact through to court appearances and outcomes.
We act for clients charged with driving and traffic offences across Cairns, Brisbane, the Gold Coast and beyond, handling every matter with professionalism, urgency and a focus on protecting your licence wherever we can.
What does a traffic lawyer do?
Our traffic lawyers assist with legal issues arising from driving offences and licence matters in Queensland under the Transport Operations (Road Use Management) Act 1995 (Qld) and the Criminal Code Act 1899 (Qld).
This includes advising you on your options, representing you in court and helping you understand how to minimise the impact on your licence and driving record.
Depending on your situation, our traffic lawyers will:
- Explain the charge and likely penalties
- Advise whether you should plead guilty or contest the matter
- Represent you in the Magistrates Court of Queensland, as well as other courts and tribunals
- Advise you on obtaining a work licence or special hardship order where it’s an option, and apply on your behalf
- Make court submissions to reduce disqualification periods or penalties
- Help you prepare material to support your case (such as character references)
In many cases, early legal advice can make a significant difference to whether you keep your licence or how long it’s suspended for.
Types of traffic offences our lawyers handle
In Queensland, traffic offences range from relatively minor infringements through to serious criminal charges. At Osborne Butler, we assist clients with a wide range of traffic and driving matters.
Low-range drink driving
Drink driving offences are governed by section 79 of the Transport Operations (Road Use Management) Act 1995 (Qld).
Charges are based on your blood alcohol concentration (BAC) and can result in:
- Immediate licence suspension
- Disqualification periods
- Fines
- In more serious cases, imprisonment
Even low-range offences can lead to a court appearance and loss of licence.
Drug driving offences
Drug driving offences are also dealt with under section 79 and related provisions of the Transport Operations (Road Use Management) Act 1995 (Qld).
These offences can involve:
- Driving with a relevant drug present in your system
- Driving while impaired by drugs
These matters can be complex, particularly where testing procedures or prescription medications are involved, so it’s vital you get legal representation as early as possible.
Dangerous driving
Dangerous driving is a criminal offence under section 328A of the Criminal Code Act 1899 (Qld).
It generally involves driving in a way that is dangerous to the public, particularly where:
- There is excessive speed
- Alcohol or drugs are involved
- Injury or damage is caused
These offences can carry significant penalties, including imprisonment in serious cases.
Driving while disqualified, suspended or unlicensed
These offences are covered by section 78 of the Transport Operations (Road Use Management) Act 1995 (Qld).
They include:
- Driving while your licence is suspended or disqualified
- Driving without ever holding a valid licence
Courts treat these matters seriously, particularly where there are repeat offences – in which case they can potentially lead to a prison sentence.
Excessive speeding and high-risk driving offences
Excessive speeding offences are dealt with under various provisions of the Transport Operations (Road Use Management) Act 1995 (Qld), including offences involving dangerous operation or high-risk driving behaviour.
If you’re found guilty of these offences, it can lead to:
- Immediate licence suspension
- Significant fines and demerit points
- Court proceedings
- Imprisonment, in more serious cases
Licence applications and appeals
Under Queensland traffic law, you can still make a range of applications once your licence is suspended or cancelled that may let you drive in certain limited conditions. These include:
- Work licences (restricted licences under section 87 of the Transport Operations (Road Use Management) Act 1995)
- Special hardship orders
- Appeals against licence suspensions
These applications are time-sensitive and require careful preparation, so you should always speak with a lawyer as early as you can before applying.
What are the penalties for traffic offences in Queensland?
Penalties for traffic offences in Queensland vary depending on the nature of the offence, your driving history and the circumstances of the case.
While most driving matters are dealt with under the Transport Operations (Road Use Management) Act 1995 (Qld), more serious driving and traffic offences are prosecuted under the Criminal Code Act 1899 (Qld).
Fines and demerit points
Many traffic offences result in fines and the allocation of demerit points.
While these may seem minor, accumulating demerit points can lead to your licence being suspended. Repeated offending can also increase the severity of the penalties you receive.
Licence suspension and disqualification
One of the most significant consequences of a traffic offence is losing your licence. This usually happens in two main ways.
- Licence suspension. Usually imposed administratively (for example, by Queensland Transport), when you accumulate too many demerit points.
- Licence disqualification. Ordered by a court following a conviction for more serious offences such as drink driving or dangerous driving. Disqualification periods can range from months to years, depending on the offence.
Immediate suspension and roadside action
For certain offences – particularly drink driving, drug driving and excessive speeding – police may impose an immediate licence suspension.
This can take effect on the spot and remain in place until your matter is finalised.
Imprisonment for serious offences
More serious traffic offences can carry the risk of imprisonment.
This is most commonly associated with:
- Dangerous driving offences
- Repeat drink or drug driving offences
- Driving while disqualified
Whether you receive a custodial (i.e. prison) sentence will depend on the seriousness of the conduct, the evidence in court and your prior history.
Wider consequences
For many people, the practical consequences of losing a licence can be far more significant than the fine itself. That’s because traffic offences can have broader impacts beyond the immediate penalty.
These can include:
- Loss of employment where you need a licence to perform your role
- Increased insurance costs
- Difficulty obtaining or maintaining certain licences
- A criminal record (in more serious cases)
What should you do if you’re charged with a traffic offence in Queensland?
If you’re charged with a traffic offence in Queensland, what you do next can directly affect your licence, your record and the outcome of your matter. If not handled properly, even relatively minor offences can lead to court proceedings and your licence being suspended.
1. Seek legal advice as soon as possible
Early legal advice can make a significant difference, particularly where your licence is at risk.
An experienced traffic lawyer can:
- Explain your options
- Advise whether you should plead guilty or contest the charge
- Help you apply for a work licence or special hardship order, where available
Prepare material to support a more favourable outcome.
2. Don’t ignore the notice or court date
Traffic matters often move quickly. And, if you fail to respond to a notice or attend court, the matter can be dealt with in your absence. This may result in fines, a recorded conviction or licence disqualification.
3. Check whether your licence has already been suspended
In some cases, your licence may be immediately suspended by Queensland Police or Transport and Main Roads.
It’s important to confirm your licence status before driving, as driving while suspended or disqualified is a separate and more serious offence.
4. Prepare for court properly
If your matter is going to court, it’s important you prepare properly. This often includes:
- Gathering character references
- Providing evidence of your need for a licence (for work or family reasons)
- Demonstrating steps taken to address the issue (such as undertaking driver education courses)
Well-prepared material can make a meaningful difference to the outcome.
5. Avoid committing further offences
Committing another offence before your matter is resolved can significantly affect its outcome. Courts take repeat conduct seriously, particularly in traffic matters involving safety risks.
When should you contact a traffic lawyer?
If your licence matters to you, it’s worth getting speaking with a lawyer early.
You should seek legal advice as soon as you become aware of a traffic issue that may affect your licence or result in a court appearance.
This includes situations where:
- You’ve been charged with a traffic offence
- Police have suspended your licence or issued a notice
- You’re at risk of losing your licence due to demerit points
- You’ve been caught drink driving or drug driving
- You have a court date approaching and are unsure how to respond
Even if the offence seems minor, early legal advice can help you understand your options and avoid mistakes that may affect the outcome.
When should you contact a traffic lawyer?
Traffic offences can have immediate consequences, particularly where your licence, work or day-to-day life is affected.
Whether you’ve been charged, issued with a notice or are at risk of losing your licence, getting clear legal advice early can make a real difference to the outcome.
At Osborne Butler, our Queensland traffic lawyers provide practical, straightforward advice and strong representation at every stage: from initial police contact through to court proceedings.
Frequently asked questions about traffic offences in Queensland
What happens if I am caught drink driving in Queensland?
If you are charged with drink driving, your licence may be immediately suspended and you will usually be required to attend court.
Penalties depend on your blood alcohol concentration (BAC) and can include fines, licence disqualification and, in more serious cases, imprisonment.
Can I keep my licence after a traffic offence?
In some cases, yes. Depending on the offence and your eligibility, you may be able to apply for a work licence or special hardship order, which allows you to continue driving under strict conditions.
What is a work licence in Queensland?
A work licence (restricted licence) allows you to drive for work purposes after certain offences, typically drink driving. However, Queensland work licences have strict eligibility criteria and applications must be properly prepared and supported with evidence.
What is a special hardship order?
A special hardship order may be available if you are facing licence suspension due to excessive demerit points or high-speed offences. It allows you to continue driving under specific conditions, usually for work or essential purposes.
Will I lose my licence immediately after being charged?
In some cases, yes. Police can impose an immediate licence suspension for offences such as:
- Drink driving
- Drug driving
- Excessive speeding
This can take effect before your matter is heard in court.
What’s the difference between licence suspension and disqualification?
- Suspension is usually administrative and can occur immediately
- Disqualification is ordered by a court after conviction
Both prevent you from driving, but they arise in different ways.
Can I drive to work if my licence is suspended?
No – not unless you have been granted a valid work licence or special hardship order. Never drive your vehicle while suspended unless you have applied for, and received one of these, as driving while suspended or disqualified is a separate and more serious offence.
What happens if I drive while disqualified or suspended?
Driving while disqualified or suspended is a serious offence.
Penalties can include further disqualification, fines and, in some cases, imprisonment – particularly for repeat offences.
Do I have to go to court for a traffic offence?
Many traffic offences require a court appearance, particularly where:
- Your licence is at risk
- The offence is more serious (e.g. drink driving or dangerous driving)
If you’re required to attend court, it is important not to ignore the notice.
What is considered dangerous driving in Queensland?
Dangerous driving involves operating a vehicle in a way that’s dangerous to the public – such as racing, driving at excessive speed or engaging in other reckless behavior behind the wheel.
Dangerous driving is a criminal offence that can result in significant penalties, including imprisonment in serious cases.
How long will I lose my licence for?
If you’re found guilty of a driving offence you may have your licence suspended. However, the exact length of that suspension will vary depending on the circumstances and nature of that offence.
Licence suspensions in Queensland can range from several months to multiple years, particularly for repeat or serious offences.
Do I need a lawyer for a traffic offence?
You’re not required to have a lawyer, but legal advice can help you:
- Understand your options
- Apply for a work licence or hardship order
- Achieve a more favourable outcome
How We Can Help You
40+ Years Combined Experience
When you engage Osborne Butler, your matter will be handled by experienced lawyers who will be by side every step of the way.
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We're here to guide you through your legal challenges, protect your lifestyle, and relentlessly secure the best possible outcome.
Need a Traffic Lawyer? Call Osborne Butler
If you have a question or require legal advice or representation, please complete this form and we’ll respond within 24 hours. For urgent matters, please call us:
Cairns: 07 4041 3301
Brisbane: 07 3521 5588
Gold Coast: 07 5532 0066