Traffic Offences Lawyer
Cairns & Far North Queensland
You have been charged with a traffic offence and your licence is at risk. In Cairns and Far North Queensland — where there is no train, no tram, and limited bus coverage — losing your licence does not just mean inconvenience. It means losing the ability to get to work, to drop your children at school, to function. That is the reality the Magistrate will hear, provided someone puts it before the court properly.
The Charge Decides Everything That Follows
Traffic offences in Queensland are not all equal. The gap between the least serious — a fine and a short suspension — and the most serious — years of imprisonment and permanent licence loss — is enormous. And the single biggest factor in where your matter falls is the specific charge. The second biggest factor is what Sacha does with the space between the minimum and maximum penalty. Below is what you are actually facing, depending on your charge. Not generalities — the specific mandatory periods, the actual maximum penalties, and the realistic range of outcomes that Sacha sees in the Cairns Magistrates Court. Driving While Disqualified This is the most common serious traffic charge in the Cairns Magistrates Court — and the one most likely to result in a jail sentence. If you drove while your licence was disqualified by a court, you are in the most serious category under section 78 of the Transport Operations (Road Use Management) Act 1995 (Qld). The maximum penalty is 60 penalty units or 18 months' imprisonment. A mandatory further disqualification of 2 to 5 years applies on top of whatever disqualification was already in place. That 2-to-5-year range is where Sacha's work matters. The Magistrate has discretion within it. The difference between 2 years and 5 years is the difference between a period you can manage and one that reshapes your life. If you have prior convictions for the same offence, imprisonment also becomes a real prospect. Sacha will tell you at the first consultation — honestly — whether custody is on the table and what can be done to avoid it. Disqualified by demerit points or excessive speeding (40km/h+) Maximum 40 penalty units or 1 year imprisonment. Mandatory further disqualification of 6 months, fixed by operation of law. SPER suspension If your licence was suspended for unpaid fines and you drove during the suspension, the maximum penalty is 40 penalty units or 1 year imprisonment. Mandatory disqualification of 1 to 6 months. Never held a licence Maximum 40 penalty units or 1 year imprisonment. Mandatory disqualification of 3 months (fixed). This is regularly dealt with across remote and Indigenous communities in Far North Queensland. Repeat unlicensed driver If you have a prior conviction for driving without authority within 5 years, the mandatory disqualification increases to 1 to 6 months. In every category, a mandatory disqualification applies whether or not the court records a conviction. A no-conviction result keeps the offence off your criminal history — but the licence disqualification still runs. Sacha explains the distinction at the first consultation so you know exactly what outcome is and is not achievable.
Dangerous Operation of a Vehicle
What you face depends on whether the charge is aggravated: Basic offence — maximum 200 penalty units or 3 years' imprisonment. Dealt with summarily in the Magistrates Court. Aggravated offence — maximum 400 penalty units or 5 years' imprisonment. The charge is aggravated if you were affected by alcohol or drugs, excessively speeding, racing, or have a prior conviction for the same offence. Causing death or grievous bodily harm — maximum 14 years' imprisonment (basic), or 20 years if aggravated. Dealt with on indictment in the District Court. Two things matter most in dangerous operation matters. First, whether the facts as alleged actually establish dangerous operation — the prosecution must prove the driving was dangerous, not merely careless, and that distinction is often the entire case. Second, whether the charge can be negotiated down to careless driving under section 83 of TORUM — a significantly less serious offence carrying a maximum of 6 months' imprisonment instead of 3 years. That negotiation, when it succeeds, is the single most consequential thing a lawyer can do in a traffic matter.
Speeding, Hooning, and Evading Police
These charges sit between traffic infringements and full criminal offences. They carry real consequences — including vehicle impoundment and further licence loss — and they frequently accompany dangerous operation charges. Excessive speeding — 40km/h or more over the limit A conviction triggers an automatic 6-month licence suspension. No court discretion. This is on top of whatever fine the court imposes. If you drove during that suspension — even unknowingly — you face a separate charge of driving while disqualified. Hooning offences Queensland classifies hooning into two types. Type 1 offences — dangerous driving, racing, evading police, deliberately creating unnecessary noise or smoke — can result in 90-day vehicle impoundment for a first offence and permanent forfeiture for a second. Type 2 offences carry escalating impoundment periods. The vehicle impoundment is a police-administered power, separate from any court penalty. Evading police Failing to stop when directed by police is a criminal offence in its own right. If it leads to a pursuit, a dangerous operation charge almost always follows. The evading charge is a Type 1 hooning offence and triggers vehicle impoundment. Whether you stopped after a short distance, or the pursuit continued, is relevant to sentence — but the charge exists either way. Careless driving Maximum penalty: 40 penalty units or 6 months' imprisonment. Careless driving under section 83 of TORUM is significantly less serious than dangerous operation. In cases where a dangerous operation charge can be negotiated down to careless driving, the difference in sentencing exposure is measured in years, not months.
Special Hardship Orders: Keeping Your Licence
A Special Hardship Order is a restricted driving authority that lets you continue driving under specific conditions while your licence is suspended. It is the traffic offence equivalent of a work licence — but the two are different things, available in different circumstances, and the confusion between them is one of the most common problems clients arrive with. A Special Hardship Order is available if: Your Queensland open licence was suspended because you accumulated demerit points during a good driving behaviour period, or you were convicted of exceeding the speed limit by 40km/h or more The suspension would cause extreme hardship — by depriving you of your means of earning a living, or causing severe and unusual hardship for other reasons A Special Hardship Order is NOT available if: Your licence was disqualified for drink driving — the equivalent there is a work licence (see the drink driving page) You hold a learner licence or a non-Queensland licence Within the past 5 years, your licence was previously suspended, cancelled, or you were disqualified from driving Within the past 5 years, you were convicted of dangerous operation of a vehicle The application is made to the Magistrates Court after the suspension has started. A copy of the application and all supporting evidence must be served on the Department of Transport and Main Roads at least 7 days before the hearing. While driving under a Special Hardship Order, a zero-demerit-point limit applies. Any further demerit points result in a suspension of double the original period. That is the price of the restricted authority — and it is non-negotiable. SHO applications succeed or fail on the quality of the supporting material. Sacha prepares them with the same rigour as a work licence application: a properly drafted affidavit, supporting evidence from your employer or medical practitioner, and submissions that address the statutory criteria directly.
Frequently Asked Questions
Will I go to jail for driving while disqualified?
It depends on your charge category and your history. If you drove while disqualified by a court order and you have prior convictions, imprisonment is a realistic possibility. For lower categories — SPER suspension, demerit points, never held a licence — imprisonment is unlikely for a first offence when the matter is properly prepared. Sacha will give you an honest answer at the first consultation: not a vague reassurance, but a clear assessment based on your specific charge and record.
Can I avoid a conviction being recorded?
The court has discretion not to record a conviction. However, the mandatory licence disqualification still applies regardless. A no-conviction result means the offence does not appear on your criminal history — but you still lose your licence for the mandatory period. Whether a no-conviction outcome is achievable depends on the charge, your history, and the quality of the submissions. Sacha will tell you at the first consultation whether it is realistic.
What is the difference between dangerous driving and careless driving?
Dangerous operation (section 328A Criminal Code ) carries up to 3 years' imprisonment. Careless driving (section 83 TORUM) carries up to 6 months. The distinction turns on how far the driving departed from the standard of a competent and careful driver. When a dangerous operation charge can be negotiated down to careless driving, it can be the difference between a prison sentence and a fine.
Can I get a Special Hardship Order for a drink driving disqualification?
No. Special Hardship Orders are only available for demerit point suspensions and excessive speeding suspensions. For drink driving, the equivalent is a work licence under section 87 of TORUM. Sacha will clarify which one applies to your situation at the first consultation.
My vehicle has been impounded — can I get it released early?
An early release application can be made to the Commissioner of Police on grounds of severe financial or physical hardship, or where the vehicle was used without the owner's consent. Sacha will assess whether your circumstances support an application.
I have never held a licence — is that the same as driving while disqualified?
No. It is a separate, less serious category under section 78 of TORUM. The mandatory disqualification is 3 months (fixed), and the maximum penalty is lower. However, a prior conviction for driving without authority within 5 years elevates you to the repeat category with longer mandatory disqualification.
Can I contest a traffic charge?
Yes. If you plead not guilty, the matter proceeds to a summary hearing in the Magistrates Court. Whether contesting the charge is worth doing depends entirely on the evidence — and that is the first question Sacha addresses after reviewing the police material.
Fixed Fees
- Driving While Disqualified — $2,500
- Dangerous Operation of a Vehicle — $3,200
- Special Hardship Order — $1,900
- Licence Disqualification Appeal — $2,200