Our specialist Brisbane Drink Driving Lawyers discuss a recent Middle Range Drink Driving matter we appeared on where we obtain a Drink Driving Work Licence in QLD. For a FREE 1st Case Consultation please feel free to contact one of our expert Qld Drink Driving Lawyers to discuss your situation and whether you may be eligible to obtain a Drink Driving Work Licence.

DUI Video #TimeStamps

00:17 – Attended Brisbane Magistrates Court on a Middle Range DUI
00:50 – Plan B & alternate plans to get home safely fell apart
01:21 – We put on a Section 87 Restricted Work Licence Application
02:07 – We attended the 1st Court mention & obtained an adjournment
02:18 – Our client was eligible to apply for a Drink Driving Work Licence in QLD
02:55 – We prepared Affidavit Evidence & Application to be filed in Court
03:20 – We attended the final Court date to appear on the Sentence & Application Hearing
03:40 – Our client attended the QLD Traffic Offenders Program
04:25 – We presented persuasive oral arguments at the Court Hearing
05:17 – We needed to show the Court our client was a “Fit & Proper Person”
06:00 – Magistrate agreed with us & granted a Work Licence for 6 months
06:50 – Some restrictions applied to his Work Licence
07:25 – Client very happy with the result
07:55 – Visit our QLD Traffic Law website – https://boormanlawyers.com.au/qld/traffic-law/
08:12 – Contact our Brisbane DUI Lawyers – 1300 232 953

Application for Drink Driving Work Licence Qld

Hi.  Welcome to Boorman Lawyers.  Today, we are going to look at drink driving offences in Queensland.

Hi there my name is Josh Boorman, I am a partner here at Boorman Lawyers and we specialist Brisbane DUI Lawyers so we focus on traffic and criminal law in Queensland.  Recently, I attended Brisbane Magistrates Court on a Middle Range DUI or drink driving offence.  It was quite a serious matter because the blood alcohol reading was quite high and the reading was 0.135 so it was well up there into the Middle Range category and just below the high range threshold at 0.150.

Facts Surrounding the Middle Range DUI

My client had been out from his wife and had been in Brisbane attending the Convention Centre.  Throughout the night, he consumed several drinks before then going to dinner in the City. They had that prearranged a DESI-Driver Service which is one of the safe driver services which is one of those services that can take you and your vehicle home.

Unfortunately, he got to a position where the safety driver service actually said that they weren’t able to come and pick him up during the course of the night.  My client found himself in a situation where he was stuck in Brisbane with his car there and the temptation was just too strong.  This is how he came to end up getting into his car to drive home.

Need for a Work Licence to Run Business

So those were the facts that were surrounding the incident and what we did seek to do was to put on an Application to apply for a Drink Driving Restricted Work Licence Qld for my client because the subjective features surrounding my client’s situation is that he really does require his driver’s licence in order to perform his job and carry on his business.  His business is solely relying upon him being able to be mobile and get around to different locations all around Southeast Queensland.  So it was imperative that way applied for a Restrictive Work Licence and attempted to keep our client on the road for the sake of maintaining his job and his business.

Restricted Work Licence Requirements & Process

So what was required in relation to applying for a Restrictive Work Licence is that we have to attend the 1st Court appearance at the Brisbane Magistrates Court where we indicated to the Court that our client was eligible to apply for a Restricted Work Licence. In order to be eligible there is a very strict criteria that each person must satisfy if they want to apply for a Restricted Work Licence.  Our client did satisfy that criteria, so that was the step 1.

We attended court, indicated to the Court that he was eligible to apply for this Restricted Work Licence Application.

The Court then adjourned the matter, which gave us about 2 to 3 weeks to put on evidence such as affidavit from our client. He runs his own business so basically, he was able to give evidence by way of an Affidavit saying how much he requires on his driver’s licence to operate his business and to generate an income for he and his family.

That was lodged with the Court.  It was also served on the Police Prosecution along with the relevant Section 87 Application Forms that must be submitted within a certain time period in order to apply for the Restricted Work Licence.

Work Licence Brisbane Court Application

The matter was then set down into the future for the Application to be heard.  We attended the Brisbane Magistrates Court for the substantiate hearing on this Application and for my client to be sentenced on the middle range drink driving charge that he had committed.

Middle Range DUI Work Licence Outcome

Ultimately, we got a really good result and what did help that result is the fact that our client participated in and performed the Queensland Traffic Offenders Program.  This is a very well regarded course which anyone can go along and attend and learn a lot about driver’s safety. The program gives the defendant a unique perspective into the dangers that can occur on our roads.

He completed that program to a high standard and he received a completion certificate.  We were able to tender that certificate before the Court as well as the relevant affidavits and application forms in relation to the Restricted Work Licence before the Court.  I was then able to get up and make oral submissions to persuade the Court to deal with my client’s matter by way of issuing him with the Restricted Work Licence.  We did have to have a look at and talk about his prior traffic record and traffic history.

Unfortunately, he did have a number of entries on his traffic record.  Most of these was speeding.  In that regard, I was able to persuade the Court that because my client spends a significant amount of time on the road for his job he was prone to getting these more minor infringements on his record compared to someone who doesn’t drive on the road as much as my client does, but there was no significant prior major drink driving or traffic offenses on his history that we had to deal with.  So that was quite positive.

Now, we did have to explain to the Court and persuade the Court that my client was a fit and proper person and this was easier to do given the fact that he gone along and completed the traffic offenders program and re-educated himself on the dangers on a road, and we’re able to say that now he’s re-educated himself on a lot of these important driver safety issues.  He is now safer and better driver.  He is now a fit and proper person to be provided the opportunity of giving him a Restricted Work Licence.

So all these arguments and submissions were well received by the Magistrate on the day that with the Magistrates Court, we obviously did push hard for him to be given the opportunity of receiving a Restricted Work Licence and the Magistrate agreed with us.  We spoke to the Prosecutor prior to going into the application to advise them of exactly what our intentions were and they didn’t have any major objections in relations to our application.  Everything went smoothly on the day.

Restrictions on Work Licence

The ultimate result was that our client was provided with a Restricted Work Licence for a period of 6 months and he was issued with a fine of $1,000.

So overall, the main aim of the game is to be able to save our client’s licence and that’s exactly what we did so he can continue working.  There were some restrictions put on that licence, a restricted work licence means he can only drive for the purpose of going to and from work or performing duties at the workplace.  He does have to keep a log book and basically, that’s it.

So he was over the moon and very happy that basically this very big mistake in his life is not going to prevent him from going for running a business and pulling out the table and generating an income for him and his family.  So he handed forward taking away from this whole experience some very significant lessons.  He was obviously very contrite and remorseful, and I’m very happy with the outcome that we achieved for him.

So if you found yourself where you have been charged with a drink driving offence in Queensland, in Brisbane or on the Gold Coast, rest assured that we attend all of the Courts in Southeast Queensland.  In Queensland, in certain situations, you can apply for a Restricted Work Licence, which means you can remain on the road with restrictions to your driver’s licence.

But the best port of call would be to go onto our website at this in checking out the Queensland section of the traffic law section, there’s a whole heap of information, blog posts, videos that you can check it out to make yourself more aware to situation you might be in.  Alternatively, feel free to give us a call after Josh and we’re happy to have the first FREE telephone chat with you, consult with you to keep you a bit more of an idea of the situation you might be in to see if you’re actually eligible to apply for a restricted work licence or, if not, to see what other positive outcomes we can achieve for you.

Speak to our DUI Lawyers Ph: 1300 941 900

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