Drink Driving | Drug Driving | Work Licences​

The first step when charged with drink driving or drug driving is to write to the police prosecutor to obtain the court brief or QP9. The main purposes of this is:

• To check the facts alleged against you are correct
• To check your traffic history
• To ensure that there are no disqualifying factors recorded in the court brief that would prevent you from applying for a work licence.

The court brief is then used to prepare your court documents and court representation.

An application for a work licence involves the preparation of the following court documents:

• Court form
• Affidavit of yourself
• Affidavit of your employer (unless you are self-employed).

In addition to the above essential documents it is recommended that you also take the following steps:

• Complete a traffic offender course before your court date
• Obtain at least 2 character references to present to the court.

The character references must contain the following information:

• That the referee is aware that you are going to court and that you have been charged with the offence
• How long they have known you for
• That you are remorseful of your conduct
• General details about your good nature
• The character reference must be dated and signed.

Not all traffic offences require a solicitor for court representation.

If you choose to represent yourself, you should at the very least:

• Consider completing a traffic offender course
• Obtain 2 character references for court
• Consult the Legal Aid website on traffic offences
• Be ready to explain to the magistrate the circumstances of your offence
• Be ready to explain to the magistrate your personal circumstances
• Dress appropriately for court
• At all times show respect to the magistrate and the police prosecutor.

However, there are situations where knowledge of the traffic law and the court process could mean the difference between having a driver’s licence and not.

There are some situations which will disqualify you from being able to apply for a work licence.

You are not eligible to apply if, within the last 5 years before making the application:

• You have been convicted of drink or drug driving (within or outside of Queensland)
• You have been convicted of dangerous driving
• Subject to a few exceptions, you have had your licence suspended or cancelled.

You are also unable to apply for a work licence if, when you committed the drink or drug driving offence:

• Your alcohol reading was equal or more than 0.15
• You held a non-Queensland driver licence
• You held a learner, provisional or probationary licence
• You did not hold a valid driver licence
• You were on a restricted licence (work licence)
• You were using the motor vehicle in an activity directly connected with your means of earning a living
• You were driving a truck, tractor, specially constructed vehicle, bus, taxi or various other vehicles.

When charged with a traffic offence, it is important to obtain legal representation as soon as possible to find out your rights and obligations. In order to exercise your rights you must meet the strict requirements of the law and must do so within a specified timeframe.

There are situations where you may be able to make written submissions to the prosecutor to consider reducing or withdrawing the charge against you. This must however be done in a timely manner.

Freeman Lawyers will guide you through each step of applying for a work licence. 

If you are unable to apply for a work licence, we regularly represent clients for drink driving or drug driving charges.

We will clearly advise you of the options available to you so that you can make an informed decision. We are proactive in our approach and will take all steps necessary to obtain the best possible outcome for you.

An initial consultation in person with one of our solicitors at our Woolloongabba office or Beenleigh office is fixed at $165. During your consultation you will find out:

• Your rights
• The range of outcomes
• Steps you can take to move your matter forward in a positive way.

Find out what you can do today.