Traffic Offence Charges

WHAT ARE TRAFFIC OFFENCES?

Traffic offences in Queensland cover an extremely broad range of conduct, from minor speeding violations to serious dangerous driving causing death. If you’ve been charged with a traffic offence, you’re facing penalties that could include losing your driver’s licence, substantial fines, imprisonment, and a permanent criminal record that affects your employment, insurance premiums, and ability to drive for work or personal needs.

Don’t underestimate the impact of traffic charges. For many Queenslanders, losing a driver’s licence means losing their job, their ability to care for family members, and their independence. Even charges that seem straightforward can have severe consequences if not properly defended.

Hannay Lawyers has offices in Brisbane and on the Gold Coast, and our criminal defence team appears in Queensland Magistrates Courts and District Courts daily representing clients charged with traffic offences. We understand the legislation, we know the courts, we know the magistrates’ sentencing patterns, and we know how to fight for outcomes that protect your licence and your livelihood.

Understanding Traffic Offences in Queensland

Traffic offences in Queensland are governed by multiple pieces of legislation depending on the seriousness of the conduct. The primary legislation includes the Transport Operations (Road Use Management) Act 1995 (Qld) and its associated regulations, particularly the Transport Operations (Road Use Management—Road Rules) Regulation 2009 (Qld) and the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 (Qld).

More serious traffic offences involving dangerous driving, driving causing death or grievous bodily harm, and evading police are criminal offences governed by the Criminal Code Act 1899 (Qld). Police powers to stop vehicles, conduct breath tests, and require drug tests are governed by the Police Powers and Responsibilities Act 2000 (Qld).

Most traffic offences are dealt with in the Magistrates Court of Queensland, though the most serious matters involving death or serious injury can be prosecuted in the District Court or Supreme Court.

Common Traffic Offences in Queensland

Drink Driving Offences

Drink driving is one of the most common and serious traffic offences in Queensland. The offence involves driving or being in charge of a motor vehicle while over the prescribed blood alcohol concentration (BAC) limit, or while under the influence of alcohol.

Under section 79 of the Transport Operations (Road Use Management) Act 1995 (Qld), it’s an offence to drive with a BAC of 0.05 or above for open licence holders, 0.00 for learner, provisional, and probationary licence holders, and 0.00 for drivers of heavy vehicles, taxis, or vehicles carrying dangerous goods.

Low range drink driving (BAC 0.05 to under 0.10) carries maximum penalties of $1,900 fine and 3 months imprisonment for a first offence. Your licence is automatically disqualified for a minimum of 1 to 9 months. Repeat offences carry higher penalties and longer disqualifications.

Mid range drink driving (BAC 0.10 to under 0.15) carries maximum penalties of $2,800 fine and 6 months imprisonment for a first offence, with licence disqualification of 3 to 12 months minimum.

High range drink driving (BAC 0.15 or above) carries maximum penalties of $3,800 fine and 9 months imprisonment for a first offence, with licence disqualification of 6 to 12 months minimum. Repeat high range offences carry mandatory imprisonment unless exceptional circumstances exist.

Refusing or failing to provide a breath specimen when required by police under section 80 is treated extremely seriously and carries penalties equivalent to or exceeding high range drink driving, with maximum penalties of 28 penalty units or 9 months imprisonment, and mandatory licence disqualification.

Drug Driving Offences

Drug driving offences under section 79(1)(bc) make it an offence to drive with a relevant drug (cannabis, methylamphetamine, or MDMA) present in oral fluid or blood, regardless of whether your driving is impaired. Unlike drink driving, there’s no legal threshold — any detectable presence of these drugs constitutes an offence.

Maximum penalties are $4,500 fine and 9 months imprisonment, with licence disqualification of 1 to 9 months for a first offence, and longer periods for repeat offences.

Driving under the influence of drugs (not just presence but actual impairment) under section 79(1)(a) is a more serious charge requiring police to prove your driving was impaired by drugs. Maximum penalties are $4,500 fine and 9 months imprisonment.

Refusing a drug test carries similar penalties to refusing a breath test and results in automatic licence disqualification.

Dangerous Driving

Dangerous driving under section 328A of the Criminal Code occurs when you drive a vehicle at a speed or in a way that is dangerous to the public, having regard to all the circumstances. This is a criminal offence, not just a traffic violation.

Circumstances courts consider include the nature, condition, and use of the road, the amount of traffic, the speed you were travelling, the manner of driving, the condition of the vehicle, and whether you were affected by alcohol or drugs.

Maximum penalty for dangerous driving is 3 years imprisonment. Licence disqualification is mandatory for at least 6 months.

Dangerous driving causing death or grievous bodily harm under section 328A carries far more severe penalties. If death is caused, the maximum penalty is 10 years imprisonment (14 years if you were adversely affected by an intoxicating substance). If grievous bodily harm is caused, maximum penalty is 7 years imprisonment (10 years if intoxicated).

These are indictable offences that can be prosecuted in the District Court before a judge and jury, though they can also be heard summarily in the Magistrates Court with the defendant’s consent in some circumstances.

Careless Driving

Careless driving under section 83 of the Transport Operations (Road Use Management) Act occurs when you drive without due care and attention or without reasonable consideration for other road users. This is less serious than dangerous driving but still carries significant penalties.

Maximum penalty is 40 penalty units (currently $6,464) and licence disqualification is possible but not mandatory. Courts can impose disqualifications from 1 to 6 months.

Careless driving is commonly charged following minor accidents, lane departures, failing to give way, or other driving that falls below the standard expected of a competent driver but doesn’t reach the threshold of dangerous driving.

Driving While Licence Suspended or Disqualified

Driving while your licence is suspended or disqualified under section 78A is a serious offence that carries mandatory penalties including further licence disqualification.

Maximum penalties depend on whether the licence was suspended for a court-ordered disqualification (more serious) or an administrative suspension (less serious), and whether it’s a repeat offence.

For first offences, maximum penalties are 18 months imprisonment and $5,750 fine. The court must disqualify your licence for a further minimum period on top of your existing disqualification.

Repeat offences or driving while disqualified for serious offences like drink driving carry higher maximum penalties of up to 2 years imprisonment and mandatory minimum disqualification periods of 2 years.

Evading Police

Evading police under section 754 of the Police Powers and Responsibilities Act 2000 (Qld) occurs when you fail to stop when required by police, or having stopped, you drive away before being given permission to leave.

This offence recognises different levels of seriousness. If you fail to stop but don’t drive dangerously, maximum penalty is 60 penalty units or 6 months imprisonment. If you drive at speed or in a manner that creates danger while evading police (commonly called police pursuit), maximum penalty is 200 penalty units or 3 years imprisonment.

Courts treat police evasion very seriously, particularly where pursuits endanger police or the public. Licence disqualification is almost always imposed.

Speeding Offences

Speeding is the most common traffic offence in Queensland. Penalties depend on how much you exceeded the speed limit and whether you’re a repeat offender.

For low-level speeding (less than 13km/h over the limit), you typically receive an infringement notice with a fine and demerit points. You can elect to have the matter heard in court rather than paying the fine.

For mid-level speeding (13 to 20km/h over), fines increase and demerit points accumulate. Excessive speeding (more than 40km/h over the limit) results in immediate licence suspension and court prosecution.

Maximum penalties for speeding prosecuted in court are $2,875 fine. Courts can also disqualify your licence for periods ranging from 1 to 6 months depending on the excess speed and your traffic history.

Mobile Phone Offences

Using a mobile phone while driving is prohibited under Queensland road rules except in very limited circumstances such as hands-free operation while the phone is secured in a mounting.

Illegal mobile phone use includes holding the phone in your hand while driving, texting or operating the phone, having the phone resting on your leg while using it, or using the phone for video calls.

Penalties are $1,078 fine and 4 demerit points. Repeat offences within 12 months can result in doubled fines. Courts can impose licence disqualifications for serious or repeat mobile phone offences.

Unaccompanied Learner Driving

Learner licence holders must be accompanied by an appropriately licensed supervisor at all times while driving. Driving as an unaccompanied learner is a serious offence that can result in prosecution, fines, and disqualification from obtaining a licence for specified periods.

Driving Without Due Care or Reasonable Consideration

This encompasses a range of offences involving inattentive or inconsiderate driving that doesn’t necessarily create danger but nonetheless falls below the standard expected of a competent driver. Examples include failing to check blind spots, following too closely, failing to indicate, or driving in a manner that unreasonably inconveniences other road users.

Street Racing and Hooning

Type 1 vehicle-related offences under section 69A of the Police Powers and Responsibilities Act include street racing, performing burnouts, causing tyre smoke, making unnecessary noise or smoke from a vehicle, and driving in a way that causes the vehicle to lose traction repeatedly.

Penalties include immediate vehicle impoundment for up to 90 days, fines, demerit points, and potential licence suspension. Courts can order permanent vehicle forfeiture for repeat offences.

These offences are policed strictly in Queensland, particularly in areas known for car enthusiast gatherings or where complaints have been made about hooning behaviour.

What Punishment Can You Expect?

This is impossible to answer without understanding the full circumstances of your matter, your traffic history, whether you have any prior convictions, your need for a licence for work or family responsibilities, and whether there are any mitigating factors that could influence sentencing.

For people charged with serious offences like dangerous driving causing death, high range drink driving with a significant history, or repeat offences of driving while disqualified, imprisonment is a real prospect. Queensland courts impose actual jail sentences for serious traffic offending, particularly where there’s a pattern of disregard for road laws or where death or serious injury has resulted.

But even for less serious traffic offences, the penalties imposed by the court can have a catastrophic impact on your livelihood. This may relate to losing your driver’s licence for a period of time, having a substantial fine imposed that creates financial hardship, accumulating demerit points that lead to licence suspension, or receiving a criminal conviction that affects employment, insurance, and travel.

For many Queenslanders, particularly those living in regional areas or those who drive for work, losing a licence means losing employment. Truck drivers, delivery drivers, sales representatives, tradespeople who travel between job sites, healthcare workers who conduct home visits, and countless others depend on their licence to earn a living.

Even if you can technically get to work without driving, the inconvenience and time involved in using public transport or relying on others can make employment impractical. Employers are often unwilling to accommodate employees who can no longer drive, particularly in industries where driving is essential to the role.

This is why fighting to keep your licence, to minimise disqualification periods, or to obtain work licences where possible is so critical. Hannay Lawyers understands what’s at stake, and we fight to protect your licence and your livelihood.

Should You Represent Yourself in Court?

No. The short answer is absolutely not.

Every day, Hannay Lawyers appears in Queensland Magistrates Courts throughout Brisbane, the Gold Coast, and across the state representing clients charged with traffic offences. We know the legislation inside and out. We know the case law on sentencing. We know what arguments work with different magistrates. We know how to present mitigation evidence effectively. And we know how to identify and exploit weaknesses in the prosecution’s case.

These factors can have a considerable positive impact on the outcome of your traffic matter. The difference between representing yourself and having experienced legal representation can literally be the difference between keeping your licence and losing it, between receiving a conviction and receiving no conviction recorded, between going to jail and receiving a suspended sentence.

Magistrates hear dozens of traffic matters every day. They’ve seen every excuse, every mitigation plea, and every self-represented defendant who thinks they can talk their way out of trouble. Most self-represented people either say too much (making admissions that hurt their case), say too little (failing to present proper mitigation), or say the wrong things (annoying the magistrate or demonstrating lack of insight).

Traffic law is technical. The legislation is complex. Sentencing principles are nuanced. Magistrates have wide discretion, but that discretion is guided by sentencing principles, comparable cases, and statutory requirements that most people don’t understand.

Hannay Lawyers knows how to:

Present your case in the most favourable light while acknowledging responsibility where appropriate, explain mitigating circumstances in ways that resonate with magistrates, provide character references and supporting documentation that actually influence sentencing, make submissions about work licence eligibility and special hardship applications, identify procedural defences or evidentiary problems that could result in charges being withdrawn or dismissed, negotiate with police prosecutors to reduce charges or withdraw less serious matters, and argue for outcomes that minimise the impact on your licence and your life.

The cost of legal representation is almost always less than the cost of losing your licence, losing your job, or receiving a harsher penalty than necessary. Don’t risk your future by trying to represent yourself.

Defending Traffic Charges in Queensland

Depending on the circumstances, there are several ways to defend or mitigate traffic charges in Queensland.

Contesting the Charges

If you believe you’re not guilty, you can plead not guilty and have the matter heard at a contested hearing. The prosecution must prove every element of the offence beyond reasonable doubt. We defend traffic charges by challenging the evidence, for example questioning the accuracy of speed detection devices, radar, or lidar, challenging the procedures followed by police in breath testing or drug testing, demonstrating that dangerous or careless driving allegations don’t meet the legal threshold, proving you weren’t driving or weren’t the person who committed the offence, or showing that police didn’t have lawful grounds to stop you or require you to undergo testing.

Success in contested hearings depends on thorough preparation, effective cross-examination of police witnesses, and detailed legal submissions about the elements of the offence and the sufficiency of evidence.

Pleading Guilty with Mitigation

If you’re pleading guilty, the focus shifts to minimising the penalty. Hannay Lawyers presents comprehensive mitigation including detailed submissions about your personal circumstances, employment, and family responsibilities, character references from employers, community members, or family, evidence of your driving history and any clean record prior to the offence, explanations of the circumstances of the offence that may reduce its objective seriousness, evidence of remorse, insight, and steps taken to address the conduct, and submissions about the impact of licence disqualification on your employment and family.

Effective mitigation can result in shorter disqualification periods, avoidance of conviction under section 12 of the Penalties and Sentences Act 1992 (Qld), fines rather than imprisonment, or referral to traffic offender programs.

Work Licence Applications

If you’re facing licence disqualification and you need your licence for work, you may be eligible to apply for a work licence (restricted licence) that allows you to drive for work purposes during your disqualification period.

Work licences are available for certain offences and are not available for the most serious offences like dangerous driving causing death or high range repeat drink driving. Eligibility depends on the offence, your traffic history, and whether you can demonstrate genuine need for work purposes.

Hannay Lawyers has extensive experience preparing and presenting work licence applications. We gather evidence from your employer, prepare detailed affidavits, and make submissions to the court about why a work licence should be granted. Success depends on thorough preparation and persuasive presentation of your circumstances.

Special Hardship Orders

If you’re not eligible for a work licence but can demonstrate that being without a licence creates extreme hardship (not just inconvenience), you may be able to apply for a special hardship order. These are difficult to obtain and require proof of exceptional circumstances.

Why You Need Hannay Lawyers

Traffic charges might seem simple, but the consequences are serious and the law is technical. You need lawyers who appear in traffic courts daily, who know the magistrates, who know the law, and who know how to fight for outcomes that protect your licence and your livelihood.

Hannay Lawyers has defended countless traffic matters in Queensland courts. We’ve achieved outcomes including complete dismissals and withdrawal of charges, section 12 no conviction orders, significantly reduced disqualification periods, successful work licence applications, and fines rather than imprisonment.

We’re available for urgent consultations and can appear in courts throughout Brisbane, the Gold Coast, and across Queensland.

Contact Hannay Lawyers Today

Don’t just pay the fine and lose your licence. Don’t represent yourself and hope for the best. Don’t underestimate how seriously courts treat traffic offending.