Some post separation parenting disputes involve the removal of children from their geographical location. Changing a child’s living arrangements, such that it makes it significantly more difficult for the child to spend time with a parent is a major change in a child’s life and something ...
If you have been charged with a drink driving offence, in most cases you will also have been disqualified from driving for a period of time. However, a Court has the discretion to issue you with a Restricted Licence, commonly referred to as a “Work Licence”.
To be eligible to apply for a Restricted Driver Licence:
- You must hold a current Queensland open C class licence at the time of committing the offence; or
- a Queensland class RE open licence and have held a class RE licence for at least one year in the last five years, and were riding a class RE motorbike at the time of the offence; or
- a class R open licence and you were riding a class R motorbike at the time of the offence.
You are not eligible to apply if in the last five years before making the application:
- you have previously been convicted in Australia of a drink driving offence;
- you have previously been convicted in Queensland of dangerous operation of a motor vehicle;
- you have had your provisional or open licence suspended or cancelled or you have been disqualified from holding or obtaining a Queensland driver licence (there are exceptions to this and we ask that you contact our office to discuss those exceptions).
You are also not eligible to apply for a restricted licence if when you committed the drink or drug driving offence:
- You held a non Queensland driver licence;
- you held a Queensland learner provisional or probation licence;
- you were not the holder of a valid driver licence;
- you held a Queensland restricted licence issued to you under a Court Order;
- you are learning to drive the next higher class of licence under the authority of your Queensland open licence;
- you are not authorised under your Queensland open licence to drive the motor vehicle you were driving (for example, you were riding a motorbike but you only held a class C licence);
- you were using the motor vehicle in an activity directly connected with your means of earning a living;
- the concentration of alcohol in your blood or breath was equal to or more than 0.15 immediately prior to being convicted of the drink or drug driving offence.
In preparing your Application, you will need to demonstrate to the Court that you are a fit and proper person and that if you are not granted a work licence, not having a licence would cause you and/or your family extreme hardship by depriving you of your ability to earn a living.