UNLICENSED DRIVING QLD

INFRINGEMENT NOTICES FOR UNLICENSED DRIVING

The police can issue you an infringement notice for the offence in some situations. This means you would only need to attend Court if you challenged the offence and elected for it to be heard in Court. If you are issued an infringement notice for unlicensed driving, you will not have your licence disqualified.

Police may issue you an infringement notice for the offence if you have not been convicted of unlicensed driving in the five years before the offence.

WILL I NEED TO GO TO COURT?

You will need to go to Court for the offence of unlicensed driving in Queensland if:

• You have never held a driver licence.

• In the two years before the offence, you were convicted of drink driving, and you did not become an interlock driver because you did not get your Queensland driver licence re-issued at the end of your disqualification.

• You were an interlock driver at the time of the offence, and your interlock period had not ended, and your driver licence had not expired within four weeks before the offence.

WHAT WILL THE COURT CONSIDER WHEN DECIDING ON THE PENALTY?

If at the time of the offence you are a disqualified driver, or a repeat unlicensed driver the Court will take into consideration various things, including:

• The circumstances of the case. This includes things that aggravate the offence and positive things in your favour.
• The public interest.
• Your criminal history (if any).
• Your traffic history.
• Any information relating to your medical history, mental capacity or physical capacity the Court thinks is relevant.
• Whether the offence was committed when you were committing another offence or attempting to commit another offence. If so, the nature of the offence you were committing or attempting to commit.
• Any other matters the Court thinks are relevant.

As you can see, there are many things the Court can, and does consider in deciding on the penalty. You need a lawyer to stand up in court for you and articulate everything in your favour to try to lower the penalty and disqualification.

WHEN MUST THE COURT DISQUALIFY A PERSON FROM DRIVING?

In some situations, the law says the Court must disqualify a person from holding or obtaining a driver licence. The following are the situations and the disqualification periods.

• If you committed the offence while you were disqualified, by any court order, from holding or obtaining a driver licence. The disqualification must be for at least two years but not more than five years.

• If you committed the offence while disqualified because of the allocation of demerit points. The disqualification must be six months.

• If you committed the offence while your authority to drive on a Queensland road under a non-Queensland driver licence was suspended because of the allocation of demerit points. The disqualification must be six months.

• If you committed the offence when you were disqualified from holding or obtaining a driver licence because you were convicted of speeding more than 40 kilometres over the speed limit. The disqualification must be six months.

• If you committed the offence while your authority to drive on a Queensland road under a non-Queensland driver licence was suspended because you were convicted of speeding more than 40 kilometres over the speed limit. The disqualification must be six months.

• If you committed the offence while your licence was suspended by the State Penalties and Enforcement Registry (SPER). The disqualification must be between one month and six months.

• If you committed the offence while your licence was suspended under the Transport Operations (Passenger Transport) Act 1994. The disqualification must be between one month and six months.

• If you committed the offence while your authority to drive on a Queensland road under a non-Queensland driver licence was suspended by the State Penalties and Enforcement Registry (SPER). The disqualification must be between one month and six months.

• If you committed the offence while your authority to drive on a Queensland road under a non-Queensland driver licence was suspended under the Transport Operations (Passenger Transport) Act 1994. The disqualification must be between one month and six months.

• If you committed the offence and you are a repeat unlicensed driver. The disqualification must be between one month and six months.

• If you committed the offence when your licence was suspended or your authority to drive on a Queensland road under a non-Queensland driver licence was suspended, or you were disqualified from holding or obtaining a Queensland driver licence under section 79B of the Transport Operations (Road Use Management) Act 1995 (“TORUM”). Section 79B of TORUM relates to drink driving and drug driving charges. The disqualification must be for at least two years but not more than five years.

• If in the two years before the offence, you were convicted of drink driving and you did not become an interlock driver because you did not get your Queensland driver licence re-issued at the end of your disqualification. The disqualification must be between one month and six months.

• If you were an interlock driver at the time of the offence your interlock period had not ended, and your driver licence had not expired within four weeks before the offence. The disqualification must be between one month and six months.

• If you never held a driver licence. The disqualification must be three months.

HOW DOES THE QUEENSLAND POLICE CATCH UNLICENSED DRIVERS IN QUEENSLAND? 

The Queensland Police Service uses automatic number plate recognition cameras in their police vehicles. These cameras scan vehicle registration plates on the road and obtain information from the police database. The cameras can scan sixteen number plates per second across several lanes of traffic. These cameras enable police to identify registrations that have been cancelled, unregistered, or reported as stolen. They also tell the police information about the registered owners, including if the registered owner doesn’t hold a driver licence. 

SHOULD I GET A LAWYER FOR MY UNLICENSED DRIVING CHARGE?

A driver licence in Queensland is imperative. The loss of a driver licence can have significant consequences for your work and everyday living. Engaging a lawyer to represent you can ensure you achieve the best outcome for your situation.

Our lawyers are experienced advocates who regularly appear in Court to argue for clients. They know how to craft submissions to the Court that are highly persuasive and articulate your personal situation and the importance of your driver licence to you. Do not risk your ability to drive by going to Court alone. Engage an experienced traffic lawyer to help you.

Contact Us today for a free no-obligation chat with one of our traffic lawyers today.

TRAFFIC APPLICATIONS AND OFFENCES WE CAN HELP YOU WITH

• Special Hardship Order Application.

• Work Licence Application. 

• Drink Driving Charges.

• Drug Driving Charges.

• Applications to Remove Driver Licence Disqualifications.