Have you been charged with a drink driving or drug driving offence and as a result your licence is going to be suspended? You might be able to apply for a work licence which lets you keep driving for work purposes. After being charged with an offence, you will be given a time and date to appear in the Magistrates Court. At the first appearance of your matter, you will need to advise the Court that you intend to make a work licence application. Your matter will then be adjourned to allow you time to complete the Affidavits and the Application before your matter is finalised.
If you plead guilty to an offence and attempt to seek a work licence after your matter has been finalised, it is too late.
When you are granted a work licence there will be very strict conditions placed on your ability to drive, so if you are making this kind of application, it is important to seek legal advice and guidance to ensure that the conditions that are imposed on you, allow you the freedom to maintain your employment without any hassle.
There are also certain eligibility criteria which you have to meet to be able to make a work licence application. This material is put before the Court in Affidavits and failure to complete these Affidavits correctly will mean that your work licence application will not be successful.
We are here to help you go through the entire process from start to finish. We will appear at all court appearances with you and complete the Affidavits for you to ensure that all relevant material is put before the Court in the correct way.
Contact Hounsell Cunningham today for assistance and legal advice in applying for a work licence in Brisbane or elsewhere throughout Queensland. You can call us on (07) 3188 5626 or find us online.
Are you eligible for a work licence?
If you will lose your licence due to drink driving or drug driving, you may be eligible to seek a work licence if you:
Are going to plead guilty and will lose your licence
Need your licence for work.
Will suffer extreme hardship if the licence is not granted
You are a fit and proper person
When making an application for a work licence you will need to be pleading guilty to a charge of drink driving, drug driving, being in charge of a vehicle while over the limit or driving with a relevant drug in your saliva or blood (cannabis, ecstasy or ice).
If you are charged with another driving offence such as unlicensed driving or disqualified driving, you will not be eligible to make an application for a work licence.
We will advise you whether you are eligible to apply for a work licence and will support you in making this application, by completing all necessary documentation and appearing with you at Court.
You will not be able to make a work licence application in Brisbane or elsewhere if you:
Were drink driving with a blood alcohol content level of 0.15 percent
Have been convicted of a previous drink driving or drug driving offence in the last five years
Have lost your licence in the last 5 years (there are exceptions)
Do not hold a current open Queensland driver licence
Were driving for work at the time of being caught for the offence listed above
You also cannot seek a work licence if you are currently unemployed or if you are looking for employment.
It doesn’t matter how good your reasons are, if you don’t need a licence to get to work, the Court is not going to give you a work licence. You may be able to make an application for a special hardship order in this case, but we recommend speaking to us about this first to find out what your chances are for getting this approved.
Apply for a work licence
When applying for a work licence, you will need to provide the Court with evidence about yourself and obtain certain evidence from your employer. You will need to get:
an application for an order directing the issue of a Restricted Licence (s87) form
an affidavit about the reason you are seeking a work licence
an affidavit from your boss or employer confirming your employment
your traffic history, which is a record of any traffic offences
any criminal history
Once you have all of this information, you need to complete the application form and Affidavits. Your Affidavit will need to show that you will suffer extreme hardship if this licence is not granted and to show that you are a fit and proper person to hold a work licence.
You will need to be very detailed in this affidavit and include things like why you need your licence, how it is not possible to keep your job without a licence; as well as information about your family finances and details about the offence you committed.
Your employer Affidavit will need to include details about your job, such as hours you are required to work, where you might need to travel to and confirm that without a licence you will not be able to keep your job.
It is vital that you complete these Affidavits accurately and truthfully which is where Hounsell Cunningham will help you.
How Hounsell Cunningham can help you
We can assist you with your work licence application for a drink driving or drug driving offence that will result in you losing your licence. This includes preparing your forms and Affidavits to ensure that you provide the Court with the necessary information for making an application.We will file these documents for you, serve them on the police and represent you in court. It can be a stressful experience to apply for a work licence, especially if you are facing the stress of losing your licence and the means to support your family. Let us support you during this time and help you with your application for a work licence.
Call Hounsell Cunningham today for peace of mind and legal expertise in making your work licence application in Brisbane or elsewhere in Queensland today. Call us now on (07) 3188 5626 or find us online.