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Disqualified Driving

Disqualified Driving

If you have lost your licence and continued to drive, this is what is known as disqualified driving.

In order to be disqualified in the first place, you need to have committed a traffic offence like driving under the influence, unlicensed driving or dangerous driving and received a driving licence disqualification from a magistrate.

To then choose to disobey this and continue to drive while disqualified from driving means that the courts can look on these offences quite harshly.

If you have been charged with driving while disqualified, it is absolutely vital that you seek comprehensive criminal legal representation at the soonest possible opportunity. While disqualified driving is a traffic offence, it carries with it potentially serious consequences.

It is vital that you have comprehensive legal representation to ensure that you receive the best possible outcome for your matter. We can represent you in court and will ensure that you have a full understanding of every factor involved in being charged with driving while disqualified.

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What can happen if you are convinced of driving while disqualified?

If you are convicted of driving while disqualified, the Court must disqualify you from holding a Queensland Driver Licence for at least two years – up to a maximum of five years. You may also receive a fine or be imprisoned for up to 18 months.

At Hounsell Cunningham we take the time to understand all of the relevant factors around your driving disqualification, we go through potential defences and discuss options for your matter.

Restricted Licences

When you rely on your vehicle for work or to care for your family, it is possible for you to get a restricted licence in certain cases. This is only available to you in the first instance of disqualification for your original charge and cannot be done if you have been charged with driving while disqualified. This type of licence is also known as a work licence or a special hardship licence and can only be authorised by a court if your circumstances suit this kind of licence.

If you have had your licence suspended due to driving under the influence, dangerous driving or for another reason, contact us to find out more about our restricted licenses. We can assist you with putting forward an application for a restricted licence in particular cases.

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Possible defences to driving while disqualified?

It will depend on your situation as to whether you can get a work licence after being charged with a drug driving offence. There are two potential charges:

  • Driving while a relevant drug is present
  • Driving under the influence of drugs

If you have been charged with driving while a relevant drug is present, you may be able to apply for a work licence, however your personal driving history will also be a determining factor. But if you have been charged with driving under the influence of drugs, you cannot apply for a work licence for any reason. There will be a mandatory period of disqualification, and if you drive during this time, you are breaking the law and face severe penalties being imposed against you.

Applying for a work licence is a complicated process, and it is important that you move through the process in the right way to achieve the best possible result. You need to prepare affidavits (written sworn statements) from relevant people and to lodge these documents with the court. There is room for error here, which is why our representation makes this process straightforward.

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This is not the kind of offence where it is wise to self-represent. The courts already look upon disqualified driving offences quite harshly, so it is important to allow an experienced traffic law firm to represent you. We can ensure that your matter is heard promptly and will be there by your side to ensure that the process is smooth and straightforward. We will keep you informed about what is likely to happen and will ensure the best possible outcome for your matter.

Hounsell Cunningham are here by your side to ensure that your penalty for driving while disqualified is as favourable as it possibly can be for your circumstances. Contact us today on (07) 3180 0104 to find out more about how we can represent you in your disqualified driving charge.

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