A traffic charge in Queensland can cost you far more than a fine. Depending on the offence, you could lose your driver’s licence for months or years, receive a criminal conviction that follows you for life, or face actual imprisonment. For many people, losing the ability to drive means losing their income, their independence, and their capacity to support their family.
At Donnelly Law Group, our traffic lawyers have spent over 25 years representing drivers charged with every category of traffic offence across Brisbane, the Gold Coast, and throughout Queensland. We appear in Magistrates Courts, District Courts, and the Supreme Court on traffic matters regularly, and that depth of courtroom advocacy gives us a practical understanding of how these cases are run, how prosecutors approach them, and what arguments make a genuine difference to the outcome. Whether you have been caught drink driving, charged with dangerous operation of a motor vehicle, or received a notice suspending your licence through demerit points, we can help.
Call us on 1300 11 22 12 for a free initial consultation with an experienced traffic lawyer.
What Traffic Charge Are You Facing in Brisbane?
Traffic offences in Queensland range in severity from low-level speeding infringements through to serious criminal charges that carry lengthy terms of imprisonment. The penalties you face depend on the specific offence, your blood alcohol concentration or drug test results (where applicable), your driving and criminal history, whether anyone was injured, and whether any aggravating factors were present.
Understanding exactly what you have been charged with is the first step. Our traffic lawyers can help you interpret your charge sheet, explain the penalties range that applies, and identify every option available to you, including whether you are eligible for a work licence or special hardship order that could preserve your ability to drive.
Drink Driving Offences
Drink driving is one of the most common traffic offences dealt with in Queensland courts. The offence is established when a person drives, attempts to drive, or is in charge of a motor vehicle while over the prescribed blood alcohol concentration (BAC) limit. Queensland categorises drink driving offences into three tiers based on the BAC reading returned.
Low range drink driving (BAC 0.050 to 0.099)
A low range drink driving offence triggers an immediate 24-hour licence suspension at the roadside. After that period, you can resume driving until your court date.
| First Offence | Repeat Offence (within 5 years) | |
|---|---|---|
| Maximum fine | $2,258 | $4,516 |
| Maximum imprisonment | 3 months | 9 months |
| Disqualification range | 1 to 9 months | 3 to 18 months |
| Interlock requirement | No | No |
| Work licence eligibility | Yes | Case dependent |
Mid range drink driving (BAC 0.100 to 0.149)
A mid range reading triggers immediate licence suspension that remains in force until the finalisation of your court matter, including any disqualification period the court imposes. You will also be required to install an alcohol ignition interlock device on your vehicle for 12 months following reinstatement of your licence.
| First Offence | Repeat Offence (within 5 years) | |
|---|---|---|
| Maximum fine | $3,226 | $4,516 |
| Maximum imprisonment | 6 months | 9 months |
| Disqualification range | 3 to 12 months | 3 to 18 months |
| Interlock requirement | Yes (12 months) | Yes (12 months) |
| Work licence eligibility | Yes | Case dependent |
High range drink driving / driving under the influence (BAC 0.150+)
High range drink driving, also referred to as driving under the influence of liquor (UIL), is the most serious drink driving tier. Your licence is suspended immediately and will not be reinstated until the court matter is finalised and any disqualification period has been served. You are not eligible for a work licence or special hardship order for this offence.
| First Offence | Repeat Offence (within 5 years) | |
|---|---|---|
| Maximum fine | $4,516 | $9,678 |
| Maximum imprisonment | 9 months | 18 months |
| Disqualification range | 6 months (minimum, no maximum cap) | 1 year (minimum, no maximum cap) |
| Interlock requirement | Yes (12 months) | Yes (12 months) |
| Work licence eligibility | No | No |
For a third or subsequent high range offence, the court is required to impose a sentence of actual imprisonment.
Defence strategies for drink driving charges
- Challenging the accuracy of BAC results.
- Breathalyser equipment not properly calibrated or operated in accordance with strict protocols.
- The testing procedure was not conducted lawfully.
- There is evidence that a medical condition or medication affected the reading.
- You were not in charge of the motor vehicle at the relevant time
- You were acting in response to an extraordinary emergency.
Drug Driving Offences
Under Queensland law, it is an offence to drive, attempt to drive, or be in charge of a motor vehicle while a relevant drug is present in your blood or saliva. For the purposes of this offence, a relevant drug means MDMA, cocaine, cannabis, or methylamphetamine. Critically, the prosecution does not need to prove that the drug actually impaired your driving. The mere presence of a relevant drug in your system at the time of driving is sufficient to establish the offence.
Penalties for drug driving
| First Offence | Repeat Offence (within 5 years) | |
|---|---|---|
| Maximum fine | $2,258 | $4,516 |
| Maximum imprisonment | 3 months | 9 months |
| Disqualification range | 1 to 9 months | 3 to 18 months |
A drug driving charge triggers an immediate 24-hour licence suspension at the roadside. You may be eligible for a work licence depending on the charge and your circumstances.
Defence strategies for drug driving charges
- You were not driving or in charge of the motor vehicle.
- The testing procedure was not conducted lawfully.
- You were acting under duress or in response to an extraordinary emergency.
- Mistaken identity.
- The substance detected does not fall within the definition of a “relevant drug” under the Criminal Code Act.
Dangerous Driving (Section 328A, Criminal Code)
Dangerous operation of a motor vehicle is a serious criminal offence under section 328A of the Criminal Code Act 1899 (Qld). This is not merely a traffic infringement. It is an indictable offence dealt with in the District Court. The prosecution must prove that the manner of your driving exposed other road users to a risk of harm over and above that associated with ordinary driving.
Conduct that may amount to dangerous operation includes excessive speeding, aggressive driving, street racing, running multiple red lights, and any driving that a reasonable person would consider dangerous in the circumstances.
Penalty structure for dangerous driving:
| Circumstances | Maximum Penalty |
|---|---|
| Dangerous operation (no injury) | 3 years imprisonment |
| Dangerous operation causing grievous bodily harm | 10 years imprisonment |
| Dangerous operation causing death | 10 years imprisonment |
| Dangerous operation causing GBH or death with aggravating circumstances | 14 years imprisonment |
| Dangerous operation causing GBH or death while adversely affected by intoxicating substance, with other aggravating factors | 20 years imprisonment |
Aggravating circumstances under section 328A include:
- Being adversely affected by an intoxicating substance (alcohol or drugs)
- Driving at an excessive speed
- Participating in an unlawful race or speed trial
- Driving to escape pursuit by a police officer.
Defence strategies for dangerous driving charges:
- The driving did not objectively expose others to danger beyond ordinary road use.
- The injury sustained did not amount to grievous bodily harm.
- An external factor (such as a mechanical failure, medical episode, or road condition) contributed to the incident.
- The driving occurred in response to an extraordinary emergency or duress.
Disqualified Driving
Driving while subject to a court-ordered licence disqualification is one of the most severely punished traffic offences in Queensland. The courts treat disqualified driving as a form of contempt, because the driver has directly defied a judicial order.
If you are caught driving while on a court-ordered disqualification, the mandatory disqualification period is 2 years (minimum) to 5 years (maximum). The court has no discretion to impose anything below 2 years. Additional penalties include hefty fines and imprisonment, particularly for repeat offenders.
Defence strategies:
- You were not the person driving the vehicle.
- Your licence was not in fact disqualified at the time.
- You were acting under duress.
- The disqualification was not validly imposed.
Unlicensed Driving
A person can be charged with unlicensed driving if they drive without ever having held a licence, drive on an expired licence, drive a class of vehicle not covered by their licence, drive while their licence is suspended by Transport and Main Roads (TMR) due to demerit points, unpaid SPER fines, or an immediate suspension for drink or drug driving, or drive while holding an overseas licence that is no longer valid in Queensland.
The penalties for unlicensed driving depend on why the licence was invalid and whether you are a repeat offender.
Maximum penalties:
| Circumstances | Maximum Penalty |
|---|---|
| First offence | $4,516 fine or 1 year imprisonment |
| Repeat offence (within 5 years) | $6,452 fine or 1 year imprisonment |
| Mandatory disqualification | 1 to 6 months |
Unlicensed driving is less serious than disqualified driving (where a court has specifically banned you from driving), but the consequences can still be substantial, particularly if you have prior traffic history.
Careless Driving (Driving Without Due Care and Attention)
Careless driving refers to operating a vehicle without due care and attention or without reasonable consideration for other road users. It is a lesser offence than dangerous driving but can still carry imprisonment, particularly where death or grievous bodily harm results.
Maximum penalties:
| Circumstances | Maximum Penalty |
|---|---|
| No death or GBH | $6,452 fine or 6 months imprisonment |
| Death or GBH caused | $12,904 fine or 1 year imprisonment |
| Death or GBH caused while unlicensed | $25,808 fine or 2 years imprisonment |
Examples include failing to give way at an intersection, tailgating, and distracted driving (using a mobile phone, eating, or adjusting in-car settings).
Hooning Offences
Hooning is not a single offence under Queensland law. Rather, it describes a category of dangerous or antisocial driving behaviour that gives police specific powers to impound or confiscate your vehicle. Hooning offences are classified as either Type 1 or Type 2.
Type 1 offences:
- Dangerous driving
- Careless driving
- Street racing
- Burnouts
- Evading police
- Revving
- Creating loud noise
- Producing unnecessary smoke.
Police can impound your vehicle for 90 days on a first offence and may permanently confiscate it for repeat offences.
Type 2 offences:
- Driving an unregistered vehicle
- Disqualified or unlicensed driving
- Driving over the alcohol limit
- Refusing breath/blood/saliva testing
- Driving a modified or defective vehicle
- Excessive speeding (40 km/h or more over the limit)
- High range drink driving.
Your vehicle may be immobilised for 7 days, increasing to 90 days for repeat offences.
In addition to vehicle impoundment or confiscation, you can still be charged with the underlying criminal offence (dangerous driving, unlawful street racing, evading police, etc.), each of which carries its own penalties including fines, disqualification, and imprisonment.
Hit and Run (Failing to Stop and Remain)
Under the Transport Operations (Road Use Management) Act 1995, drivers involved in a traffic accident must stop immediately, provide their details, and remain at the scene. If a person is injured, you must render assistance. If a person has died, you must remain near the scene and take whatever steps are reasonably practicable.
Maximum penalties:
| Circumstances | Maximum Penalty | Mandatory Disqualification |
|---|---|---|
| Failing to stop and assist (death or GBH) | $19,356 fine or 3 years imprisonment | 6 months minimum |
| Failing to stop and assist (no death or GBH) | $3,226 fine or 1 year imprisonment | Possible |
| False reporting of an accident | $6,452 fine or 6 months imprisonment | N/A |
Speeding Offences
Most speeding offences in Queensland are dealt with by way of infringement notice (fine and demerit points) without requiring a court appearance. However, serious speeding offences, particularly exceeding the speed limit by 40 km/h or more, may result in a notice to appear in court, licence suspension, and vehicle impoundment.
Demerit points for speeding:
| Speed Over Limit | Demerit Points |
|---|---|
| 1 to 10 km/h | 1 point |
| 11 to 20 km/h | 3 points |
| 21 to 30 km/h | 4 points |
| 31 to 40 km/h | 6 points |
| More than 40 km/h | 8 points |
An open licence holder who accumulates 12 or more demerit points within a 3-year period will have their licence suspended. Provisional licence holders face suspension at 4 points, and learner licence holders at 4 points. When a suspension notice is issued, you can elect to serve the suspension or enter a 12-month “good driving behaviour” period. If you accumulate 2 or more demerit points during a good driving behaviour period, your licence is suspended for double the original suspension period.
Refusing a Breath or Saliva Test
Refusing to provide a breath or saliva specimen when lawfully required by police is an offence regardless of whether you have consumed alcohol or drugs. Police have broad powers to stop any driver at any time to conduct a breath or saliva test.
The maximum penalty is a $6,452 fine or 6 months imprisonment, together with a mandatory 6-month licence disqualification (which the court may extend).
Evading Police
Failing to stop a motor vehicle when directed by a police officer is a serious offence under section 754 of the Police Powers and Responsibilities Act 2000. The minimum penalty is a $8,065 fine or 50 days imprisonment served wholly in a corrective services facility, with a maximum of $32,260 or 3 years imprisonment. A mandatory 2-year licence disqualification applies. If aggravating circumstances are present (such as committing the offence at night, making violent threats, or being armed), the maximum increases to 5 years imprisonment.
Losing your driver’s licence can affect every part of your life. For many Queenslanders, it means being unable to get to work, take children to school, attend medical appointments, or carry out daily tasks that most people take for granted. Queensland law recognises this through two mechanisms that may allow you to continue driving under restricted conditions.
Restricted Work Licence (Section 87, TORUM Act)
If you are charged with certain drink driving or drug driving offences, you may be eligible to apply for a restricted work licence under section 87 of the Transport Operations (Road Use Management) Act 1995. A work licence permits you to continue driving solely for purposes directly connected to your employment during a period of court-ordered disqualification.
Key eligibility requirements:
- You must have held a valid Queensland driver’s licence (not learner or provisional) at the time of the offence.
- You must not have been convicted of a drink or drug driving offence in the 5 years before the current offence.
- The offence must fall within the eligible categories (generally low and mid range drink driving and drug driving).
High range drink driving (UIL) and disqualified driving offences are not eligible. You must demonstrate that you will suffer financial hardship if unable to drive for work.
Time limits are strict. A work licence application must generally be made at the time your matter is dealt with in court. If you miss this window, you cannot apply later. Contact a traffic lawyer as soon as you are charged.
Special Hardship Order (SHO)
A special hardship order is a court order that allows a driver whose Queensland provisional or open licence has been suspended to continue driving under restricted conditions. SHOs apply in two situations: where your licence has been suspended due to accumulating 2 or more demerit points during a good driving behaviour period, or where your licence has been suspended for a speeding offence exceeding 40 km/h above the limit.
To grant an SHO, the court must be satisfied that the suspension would cause extreme hardship to you or your family by depriving you of your means of earning a living, or severe and unusual hardship for other reasons (such as the need to transport a family member to medical treatment).
Queensland operates an alcohol ignition interlock program that applies to certain drink driving offenders. If you are convicted of a mid range or high range drink driving offence, or a repeat drink driving offence, you will be required to have an interlock device installed on your vehicle for 12 months following the end of your licence disqualification period.
An interlock device requires you to provide a breath sample before the vehicle will start. If alcohol is detected, the vehicle will not operate. Random breath samples are also required while driving.
Key points about the interlock program:
- The cost of installing and maintaining the device is borne by the offender.
- Tampering with, bypassing, or removing an interlock device is a separate offence.
- The 12-month interlock period runs from the date your licence is reinstated, not from the date of conviction.
- If you are required to have an interlock but do not install one, you cannot legally drive even after your disqualification period ends.
- Your licence will carry an interlock condition (I condition) that is visible on any licence check.
Many people underestimate the wider consequences of a traffic conviction. The penalty imposed by the court is only the beginning.
Criminal record
More serious traffic offences, including all drink and drug driving charges, dangerous driving, disqualified driving, and evading police, are criminal offences. A conviction is recorded on your criminal history and will appear on national police checks. Under section 12 of the Penalties and Sentences Act 1992 (Qld), the court has the power to find you guilty without recording a conviction, but this outcome is not available for all offences and depends on the seriousness of the charge and your personal circumstances.
Employment
Many employers conduct criminal history checks as part of their hiring process. A traffic conviction can affect your suitability for roles that involve driving (delivery, transport, logistics, sales), roles that require a clean criminal record (government, education, healthcare), and roles where a licence disqualification makes it physically impossible to perform the job.
Insurance
A traffic conviction, particularly for drink or drug driving or dangerous driving, will affect your motor vehicle insurance premiums and may lead to policy exclusions or refusals.
Family life
Losing your licence can place significant strain on family arrangements. If you are the primary driver in your household, the inability to transport children, attend family commitments, or share driving responsibilities affects everyone around you.
Overseas travel
A recorded criminal conviction for a traffic offence may lead to visa refusal or additional screening requirements when travelling to countries including the United States, Canada, and the United Kingdom.
Understanding how your matter will progress through the court system helps you prepare and reduces uncertainty.
Infringement notices and court attendance notices
Minor traffic offences (such as lower-level speeding) are dealt with by infringement notice. You pay the fine and accept the demerit points, or you elect to have the matter heard in court. More serious offences result in a court attendance notice or notice to appear, which requires you to attend the Magistrates Court on a specified date.
Summary offences (Magistrates Court)
The majority of traffic offences are summary matters heard in the Magistrates Court. This includes drink and drug driving, unlicensed driving, careless driving, hooning, hit and run, evading police, and speeding offences referred to court. A magistrate hears the matter without a jury.
Indictable offences (District Court)
Dangerous driving charges under section 328A of the Criminal Code are indictable offences. These matters begin with a committal process in the Magistrates Court before being transferred to the District Court for trial or sentencing. Dangerous driving causing death or grievous bodily harm with aggravating circumstances can carry penalties of up to 20 years imprisonment.
Preparing for your court appearance
What you do before your court date can materially influence the outcome. Depending on the offence, your traffic lawyer may recommend completing a traffic offender program, undertaking drug or alcohol counselling, obtaining a report from a psychologist or counsellor, gathering character references from employers, community leaders, or family members, and preparing a letter of apology or statement of remorse. Courts look favourably on genuine steps taken to address the underlying behaviour before sentencing.
Sentencing and outcomes
If you plead guilty or are found guilty, the court considers the nature and seriousness of the offence, your traffic and criminal history, any aggravating or mitigating factors, the impact of the offence on any victim, your personal circumstances including employment and family responsibilities, and any steps you have taken towards rehabilitation. Potential outcomes range from a fine with no conviction recorded, through to a term of actual imprisonment for the most serious offences. Your traffic lawyer presents submissions on your behalf to argue for the most lenient penalty available in the circumstances.
Why Choose Donnelly Law Group as Your Brisbane Traffic Lawyer?
Focused Expertise Across Every Traffic Offence Category
Our traffic lawyers handle the full spectrum of traffic law services in Queensland. From low range drink driving charges dealt with in the Magistrates Court through to dangerous driving causing death matters in the District Court, we have the legislative knowledge and courtroom experience to provide informed, strategic representation at every level. We scrutinise evidence, identify procedural errors in police testing and charging processes, and negotiate directly with prosecutors to seek reduced charges or the discontinuation of proceedings where the evidence supports it.
We Protect What Matters to You
We understand that a traffic charge threatens more than just your driving record. Your licence is connected to your job, your family life, and your day-to-day independence. We explore every avenue of defence and mitigation, including work licence and special hardship order applications, to preserve your ability to earn a living and support the people who depend on you.
Straightforward Advice with No Surprises
From your first phone call, we give you an honest assessment of where you stand. We explain the charge, the realistic range of outcomes, and what we can do to influence the result. After your free consultation, we provide a fixed fee quote so you know exactly what your traffic lawyer cost will be before you decide to proceed. There are no hidden fees and no hourly billing surprises.
State-Wide Representation
Donnelly Law Group represents clients in courts across Brisbane, the Gold Coast, the Sunshine Coast, and throughout regional Queensland. We regularly travel to courts in Toowoomba, Cairns, Townsville, Mackay, Rockhampton, Bundaberg, Hervey Bay, and beyond. If you are in a regional area where finding an experienced traffic lawyer is difficult, we can conduct your initial consultation by phone or video conference and then appear on your behalf at your local court.
Speak with a Brisbane Traffic Lawyer
FAQs About Traffic Offences in Brisbane.
Can I go to prison for a traffic offence in Queensland?
Yes. Several traffic offences are criminal charges that carry imprisonment as a potential penalty. Dangerous driving causing death carries a maximum of 10 to 20 years depending on aggravating factors. High range drink driving carries up to 9 months for a first offence and 18 months for a repeat offence, with mandatory imprisonment for a third or subsequent offence. Disqualified driving and evading police also carry imprisonment. Even for offences where imprisonment is unlikely for a first offence, the possibility exists, and a conviction will result in a permanent criminal record.
Am I eligible for a work licence?
Work licence eligibility depends on the specific offence and your circumstances. Generally, you may be eligible if you were charged with low or mid range drink driving or a drug driving offence, you held a valid open Queensland licence at the time of the offence, you have not been convicted of a drink or drug driving offence in the previous 5 years, and you can demonstrate that you need your licence for employment. High range drink driving and disqualified driving offences are not eligible. Contact us as soon as possible, because strict time limits apply to work licence applications.
What happens if I am caught driving on a suspended licence?
The consequences depend on the type of suspension. If you are caught driving during a 24-hour suspension (typically following a low range drink driving or drug driving charge), you face a mandatory 6-month disqualification. If you are caught driving while your licence is suspended pending the finalisation of a court matter (typically following a mid range or higher drink driving charge), you face a mandatory disqualification of 2 to 5 years. These are mandatory penalties that the court cannot reduce.
Should I plead guilty and represent myself?
Many people assume that paying the fine or pleading guilty without legal representation is the simplest option. In practice, self-representation often leads to harsher penalties than necessary. Courts hear dozens of traffic matters every day, and a magistrate will impose the penalty they consider appropriate based on the information before them. An experienced traffic lawyer knows how to present mitigating factors, challenge evidence, negotiate with prosecutors, and argue for the minimum disqualification period and the most lenient sentence available. The difference between having legal representation and not having it can be the difference between keeping your licence and losing it.
Will a traffic offence give me a criminal record?
Not all traffic offences result in a criminal record. Lower-level infringements (speeding fines, red light camera offences) are dealt with by fine and demerit points and do not create a criminal record. However, all drink and drug driving offences, dangerous driving, disqualified driving, unlicensed driving, evading police, and hit and run offences are criminal charges. If you are convicted, a criminal record is created unless the court exercises its discretion under section 12 of the Penalties and Sentences Act 1992 (Qld) not to record a conviction.
What is a "good driving behaviour" period?
When your licence is suspended due to demerit point accumulation, you can elect to enter a 12-month good driving behaviour period instead of serving the suspension immediately. During this period, if you accumulate 2 or more additional demerit points, your licence is suspended for double the original suspension period. This option gives you a chance to keep driving, but the consequences for further offending are significantly increased.
Can a traffic lawyer help if I have already pleaded guilty?
If you have already pleaded guilty but have not yet been sentenced, a traffic lawyer can still assist by preparing and presenting submissions on penalty. If you have been sentenced, it may be possible to appeal the sentence to a higher court within the applicable time limit. Contact us to discuss whether an appeal is appropriate in your specific circumstances.
What should I do if police want to speak to me about a traffic accident?
If you are involved in a traffic accident, you are legally required to stop, provide your details, and render assistance if anyone is injured. Beyond those obligations, you are not required to answer questions about the circumstances of the accident or make any admissions. If police wish to interview you about an alleged offence arising from the accident, you have the right to decline until you have obtained legal advice. Contact Donnelly Law Group before participating in any formal interview.
Does Donnelly Law Group handle traffic matters outside Brisbane?
Yes. We represent clients across the entire state of Queensland, including the Gold Coast, Sunshine Coast, Toowoomba, Cairns, Townsville, Mackay, Rockhampton, Bundaberg, Hervey Bay, and all regional court locations. We conduct consultations by phone or video conference for clients who cannot attend our office in person.
