Possible defences for driving while disqualified from driving in QLD
If you have been charged with driving whilst disqualified, these defences may be possible depending on your circumstances:
- Wrong Person – You were not the person driving at the time of the offence
- Extraordinary Emergency – You had to drive for an immediate emergency (e.g., medical crisis)
- Valid Licence – At the time of the offence you were not disqualified from driving
- Honest and Reasonable Mistake – Must produce evidence that at the time of driving you were unaware your licence was disqualified
Penalties for driving while disqualified in QLD
Driving while disqualified in Queensland leads to different penalties depending on the reason for disqualification. Court imposed disqualifications carry the longest bans, whilst demerit points and high range speeding come with mandatory disqualifications. Other offences such as repeat offenders and those never licensed can also face mandatory licence disqualifications.
At Donnelly Law Group, our traffic lawyers defend clients daily for disqualified driving offences across Queensland. Engaging an experienced traffic lawyer is essentially in defending your rights and successfully achieving the best outcome possible.
Feel free to contact us on 1300 11 22 12 for a free confidential consultation, we are available 24/7 and ready to help!
Disqualified for holding or obtaining a licence in QLD due to allocation of demerit points
In Queensland your licence can be suspended if you accumulate too many demerit points, if you drive while suspended you will be disqualified from driving and will have to appear before a Magistrate.
Down below is a table outlining the licence type and how many demerit points you can accumulate before you get a suspension.
| Licence Type | Maximum Demerit Points Allowed | What Happens After Reaching the Limit? |
|---|---|---|
| Open Licence | 12 points in 3 years | Choose: 3-5 month suspension or 1-year Good Behaviour Period |
| Provisional Licence (P1/P2) | 4 points in 1 year | Choose: 3-month suspension or 1-year Good Behaviour Period |
| Learner Licence (L) | 4 points in 1 year | Choose: 3-month suspension or 1-year Good Behaviour Period |
| Professional Driver (e.g., taxi, bus, truck drivers) | 14 points in 3 years | Choose: 3-5 month suspension or 1-year Good Behaviour Period |
| Unlicensed or Suspended Driver | No set limit | Further penalties apply for driving unlicensed, including fines or disqualification. |
What is the maximum penalty you can get for accumulating too many demerit points in QLD?
If your licence gets suspended due to an accumulation of demerit points and you’re caught driving, you will face and automatic 6-month disqualification and must appear before a Magistrate.
Driving while disqualified, carries harsher penalties and can include:
- Fines by the court
- Further disqualification period with a minimum of 2 years up to 5
- Possible imprisonment for repeat offending or dangerous driving whilst disqualified
What are potential defence strategies for accumulating too many demerit points in Brisbane, Gold Coast & QLD?
If you have breached the good driving behaviour period, you can apply for a Special Hardship Order (SHO). A SHO can allow you to drive under strict conditions, however you must demonstrate to the courts that losing your licence would cause extreme hardship. This only applies if your licence is suspended, if your licence is disqualified you cannot apply for a SHO.
Our experienced traffic lawyers can assist you in creating and presenting your SHO application before the courts. We can help you gather supporting documents, prepare affidavits and represent you in court maximising your chances of approval.
Contact one of our traffic lawyers today on 1300 11 22 12 for free expert legal advice.
Disqualified by the courts from holding or obtaining a licence in QLD
In Queensland, disqualification from driving is a court-imposed ban that prevents a person from holding or obtaining a valid driver’s licence for a specific period. Disqualification usually occurs when a person drives under the influence, drives whilst suspended or drives while disqualified. The length of disqualification depends on the offence and whether the accused is a repeat offender.
Here are some examples of minimum disqualification periods for certain offences:
| Offence | Minimum Disqualification |
|---|---|
| Drink Driving (Low-range, BAC 0.05-0.099) | 1 month |
| Drink Driving (Mid-range, BAC 0.10-0.149) | 3 months |
| Drink Driving (High-range, BAC 0.15+) | 6 months |
| Repeat Drink Driving (within 5 years) | 1-2 years |
| Drug Driving (First Offence) | 1 month |
| Repeat Drug Driving (within 5 years) | 3 months – 1 year |
| Dangerous Driving (First Offence) | 6 months |
| Dangerous Driving (Causing Injury/Death) | Court decides |
| Driving While Disqualified (First Offence) | 2-5 years |
| Repeat Driving While Disqualified | Longer disqualification + possibility of imprisonment |
| Excessive Demerit Points (Open Licence) | 3 months (or Good Behaviour Period) |
| Breaching Good Behaviour Period | 6 months |
What is the maximum penalty you can get for Driving while disqualified in QLD?
- Licence Disqualification: Minimum 2 years up to 5 years, court decides based on the circumstances of your case
- Repeat Offending: Repeat disqualified drivers can face up to 18 months imprisonment, the courts will also consider your traffic history and other offences when deciding to impose a sentence of imprisonment
What are potential defence strategies for Driving while disqualified in Brisbane, Gold Coast & QLD?
Driving whilst disqualified is a strict liability offence, meaning defences are limited as the prosecution does not need to prove intent. We recommend to seeking legal advice immediately to ensure you get the best outcome possible.
Right to Drive in QLD on a non-QLD licence suspended due to allocation of demerit points
The right to drive in Queensland refers to the legal ability to operate a motor vehicle on public roads. This right is not automatic, it depends on meeting certain legal conditions.
You have the right to drive in Queensland if:
- You hold a valid and current driver’s licence issued by Queensland or another recognised jurisdiction.
- Your licence is not suspended, cancelled, or disqualified.
- You are driving a vehicle class that your licence allows.
- You meet any medical fitness requirements for driving.
Your right to drive is removed if:
- Your licence is suspended due to demerit points, unpaid fines, or other legal reasons.
- You are disqualified by a court, meaning you cannot legally obtain a new licence for a set period.
- Your licence is cancelled, requiring you to reapply and meet eligibility criteria.
- You never held a licence in the first place.
Penalties for Driving Without the Right to Drive
If you drive while unlicensed, suspended, or disqualified, you face serious penalties, including:
- For driving while suspended (e.g., due to demerit points):
- 6-month automatic disqualification
- Court-imposed fines or further suspension
- For driving while disqualified (by a court order):
- Minimum 2-year disqualification (up to 5 years)
- Substantial fines
- Possible imprisonment, especially for repeat offences or dangerous driving
Disqualified for driving more than 40km over the speed limit (on either a QLD or non-QLD licence)
If you are driving more than 40km/h over the speed limit, you will receive an automatic 6-month suspension from driving. Whether you had a QLD or non-QLD licence, if you commit this offence in Queensland, you will receive the mandatory penalty.
You do not need to go to court for this offence unless you want to appeal the charges, however you will need to attend court if you wish to apply for a Special Hardship Order (SHO). If granted, you will be allowed to drive only under specific restrictions set by the court
Our expert traffic lawyers can assist you with creating a SHO application, presenting your application in court ensuring your increasing your chances of success. Call us on 1300 11 22 12 for a free consultation, we are available 24/7.
What is the maximum penalty you can get for Driving more than 40km over the speed limit in QLD (on either a QLD or non-QLD licence)?
- Maximum Penalty: Automatic 6-month licence suspension
- Further consequences: If you decide to drive whilst suspended, you must appear in court and will receive a mandatory 6-month court ordered disqualification.
What are potential defence strategies for Driving more than 40km over the speed limit in Brisbane, Gold Coast & QLD?
- You were not the driver at the time of the offence
- Extraordinary emergency
- Applying for a SHO to continue driving legally whilst your licence is suspended
Suspended for non-payment of fines
Your licence in Queensland can be suspended if you fail to pay fines through the State Penalties Enforcement Registry (SPER). While suspended for non-payment of fines you cannot legally drive until the fines are paid or a payment plan is arranged with SPER.
- Applies with a QLD or non-QLD licence
- Suspension remains in place until SPER confirms payment
- Special Hardship Order cannot be applied for while under a SPER suspension
What is the maximum penalty you can get for driving while suspended for non-payment of fines in QLD?
The maximum penalty you can get for driving while under a SPER suspension, is a court imposed disqualification with a period of 1 to 6 months or a fine up to $6000. The court can also consider your current circumstances and previous traffic history, this can result in harsher penalties if any aggravating factors are present.
Repeat unlicensed driver
An unlicensed driver is a person who operates a vehicle without a valid driver’s licence, here are some examples of unlicensed driving:
- Never been licensed
- Licence is expired
- Suspended licence
- Cancelled licence
A repeat unlicensed driver is someone who has been caught for unlicensed driving and has a prior conviction for the same offence in the past 5 years.
What is the maximum penalty you can get for Repeat unlicensed driving in QLD?
Repeat unlicensed driving within 5 years carry the following penalties:
- Fine of up to $6000
- Mandatory licence disqualification of 1 to 6 months
- Possible imprisonment for multiple repeat offences or aggravating factors
Driving while suspended attracts stricter penalties, including:
- A minimum 6-month licence disqualification
- Higher fines and increased risk of imprisonment for repeat offenders
What are potential defence strategies for Repeat unlicensed driving in Brisbane, Gold Coast & QLD?
- Mistaken identity
- Extraordinary emergency
Never held a licence
Driving in Queensland without ever holding a driver’s licence is an offence under the Transport Operations (Road Use Management) Act 1995 (Qld). Individuals caught under this offence can face fines, disqualification periods and possible imprisonment for repeated offences.
What is the maximum penalty you can get for Never holding a licence in QLD?
The maximum penalty is a court-imposed disqualification period of 3 months and a fine up to $6000
What are potential defence strategies for Never holding a licence in Brisbane, Gold Coast & QLD?
- Driver’s licence was valid
- Mistaken identity
- Extraordinary emergency
Why choose Donnelly Law Group to defend your disqualified driving charges in QLD?
Extensive experience handling disqualified driving offences across QLD
At Donnelly Law Group, our experienced traffic lawyers specialise in defending disqualified driving offences, advocating for clients every day to achieve the best possible outcomes.
Local expertise
Our traffic lawyers attend local courts across the Gold Coast & Brisbane daily for disqualified driving offences.
Personalised approach for all disqualified driving offences to help achieve the best outcome for our clients
At Donnelly Law Group, we provide personalised support to each of our clients, guiding them through every step of their legal journey to achieve the best possible outcome.
Book An Appointment.
Our legal strategy for disqualified driving offences across QLD
At Donnelly Law Group, we provide expert legal guidance for any person charged with disqualified driving offences across Brisbane & Gold Coast.
Initial consultation
The initial consultation is your first step in understanding the charges against you, our lawyers will provide you with legal advice and explain your legal options.
Case assessment
Our lawyers will analyse the police allegations against you, we will review evidence provided by the prosecution and determine whether it is strong enough to support the charges against you.
Developing a defence strategy
After our lawyers have reviewed your case, a defence strategy will be created to your unique circumstances, we aim to achieve the best outcome possible in the courts.
Court representation
Our lawyers are highly experienced in all domestic violence matters, we will advocate relentlessly on your behalf, ensuring that all evidence and legal arguments are presented clearly and persuasively before the magistrate.
Disqualified driving charges FAQs
What should I do if the police want to talk to me about a disqualified driving offence?
If the police pull you over, you must comply if they ask for your name and address, driver’s licence and a drug or alcohol test. It is an offence if you refuse to comply with these requests.
You have the right to remain silent. You do not have to answer any further questions from the police, make any statements or participate in a police interview.
Immediately contact Donnelly Law Group at the first opportunity. One of our lawyers or trained support staff will discuss your options and explain how to achieve the best possible outcome.
Do I need a lawyer for a disqualified driving offence?
Having defended and witnessed thousands of disqualified driving matters in Queensland, it is apparent that defendants achieve the best outcome when they are represented by a lawyer who specialises in disqualified driving offences.
Our traffic lawyers understand the legal defences and mitigating factors the court is looking for when deciding the outcome and sentence in your matter. We are experts at preparing your case and presenting these factors to the magistrate so that you attain the best possible result.
People who do not engage the help of a specialist disqualified driving lawyer often fail to present these mitigating factors to the court and suffer heavier penalties as a consequence.
Will my lawyer represent me in court?
Donnelly Law Group’s expert team of traffic lawyers will research, strategise and prepare your case for you. We will then represent you in court and methodically argue your defence in order to attain the best possible outcome.
What legislation covers disqualified driving offences in Queensland?
In Queensland, disqualified driving offences appear under the Transport Operations (Road Use Management) Act 1995.
What are the consequences for disqualified driving in Queensland?
In Queensland, disqualified driving offences carry criminal penalties and mandatory disqualification periods.
| Offence | Maximum Fine | Maximum Prison Sentence | Mandatory Disqualification Period |
|---|---|---|---|
| Driving While Disqualified by Court Order | 60 penalty units | 18 months | 2-5 years |
| Driving While Disqualified Due to Demerit Points | 40 penalty units | 12 months | 6 months |
| Driving While Disqualified Due to Excessive Speed (40km/h Over) | 40 penalty units | 12 months | 6 months |
| Driving While Immediately Disqualified (e.g. after drink or drug driving) | 40 penalty units | 12 months | 2-5 years |
The magistrate takes into account the driver’s criminal history and driving history when determining the fine or prison sentence for a disqualified driving offence. Drivers who commit repeat offences (e.g. 2nd or 3rd time disqualified driving) face higher penalties (i.e. prison).
Contact Donnelly Law Group today so that we can discuss your charges and circumstances and explain the likely outcomes.
Note that the value of a penalty unit does change occasionally in line with the government’s indexation policy. You can find the current dollar value of a penalty unit here to calculate the maximum fine for each disqualified driving offence.
Can I apply for a work licence if convicted of a disqualified driving offence?
If you are convicted of disqualified driving, you cannot apply for a restricted licence (i.e. a work licence).
Are there any legal defences to disqualified driving charges?
Yes, there are legal defences available in disqualified driving matters in Queensland.
One potential defence is honest and reasonable mistake (i.e. you were unaware at the time of driving that you were disqualified).
Donnelly Law Group’s specialist traffic lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
How much does Donnelly Law Group charge for disqualified driving matters?
A lot of people believe that they cannot afford to hire an expert traffic lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane and the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay and more.)
We can hold meetings with our regional clients over the phone, via video conference or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, drink driving and domestic violence matters and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
