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Special Hardship Orders
Special Hardship Orders

Special Hardship Orders


AW Drink Driving Lawyers for South East Queensland
Premier Licence and Traffic Lawyers and Solicitors for Brisbane, the Sunshine Coast and the Gold Coast Qld – CALL 24/7: 0481 882 839

Licence Suspension - Applying for Special Hardship Orders

If you accumulate too many demerit points while on a good driving behaviour period or commit an offence of speeding more than 40km above the regulated speed limit you will face a suspended licence. If your licence has been suspended or you have received a notice from Queensland Transport that it will be suspended for one or both of these reasons you may be eligible to apply for Special Hardship Orders to allow you to continue to drive.

Why Has My Licence Been Suspended?

High Speed Offence

A high speed offence is a serious speeding offence of speeding more than 40km above the speed limit. If you are pulled over for a high speed offence you will receive a letter in the mail from Queensland Transport with a date your licence will be suspended from. It is important that you keep your address updated with Queensland Transport as if you do not receive the letter and drive after your licence suspension date you can still be charge with unlicensed driving.

Accumulation of Demerit Points

P Plates – P1, P2, Provisional or Probationary Licence

If you accumulate 4 or more demit points within a 12 month (1 year) period you will receive a notice from Queensland Transport called a Notice to Choose.

Open Licence

You will receive a Notice to Choose from Queensland Transport if you hold an unrestricted driver licence and accumulate 12 or more demerit points from traffic and driving offences within a 3 year period.

You will have the option to choose between a licence suspension for a period of time or to continue driving on a good driving behaviour period.

Good Driving Behaviour Period – Demerit Point Suspension

If you accumulate 2 of more demerit points during a good driving behaviour period your licence will be suspended from 6 to 10 months depending on the licence you hold and the number of demerit points you had previously accumulated.

You will receive a letter from Queensland Transport with the date your licence will be suspended from.

Letter From Queensland Transport – Contact Us to Keep Your Licence Disruption to a Minimum

When you receive the letter from Queensland Transport you should contact us right away so that you can continue to drive with the least disruption possible to your licence. If you are eligible for Special Hardship Orders you will be able to drive from the time you file your Application with Queensland Transport to the day before your Application is heard in Court. Our experienced solicitors can promptly prepare your Application for filing.

If your suspension has already started you can still apply for Special Hardship Orders, however you will not be able to drive from the date your suspension starts until you file your Application.

The Application – Am I Eligible?

To make an Application, you need to meet certain eligibility criteria including that:

  • you held a valid Queensland driver’s licence before the suspension took effect;
  • you haven’t lost your licence in the last 5 years; and
  • you have not been convicted of dangerous operation of a motor vehicle in the last 5 years.

Assuming you are eligible, our lawyers will be able to get you Special Hardship Orders to let you drive if the Magistrate can be convinced of the following:

  1. You are a fit and proper person to continue driving. In determining this the Court will look at your traffic history and the safety of other road users and the public generally; and
  2. A refusal to give you the licence would either:
    1. Cause you extreme hardship as you would lose your ability to earn a living; or
    2. Cause you or your family severe and unusual hardship for reasons unrelated to earning your livelihood.

You can only make one Application for Special Hardship Orders. If your Application is not successful you will be without your licence for the period of the suspension. This could have disastrous effects on you and your family. If you will lose your job or cannot survive without your licence, contact us to make sure your Application for Special Hardship Orders is granted.

AW Drink Driving Lawyers in Brisbane, the Sunshine Coast, and the Gold Coast, are the premier law firm in South East Queensland for Special Hardship Orders’ Applications and licences and will make sure you obtain Special Hardship Orders if your circumstances allow it.

FAQ’s

Q: My licence has been suspended for more than 21 days. Can I still apply for Special Hardship Orders?

A: Yes. You are still able to make an Application – contact us to find out how.

Q: I’m on my P plates. Can I still make an Application for Special Hardship Orders?

A: Yes. It will be important to convince the Magistrate you are a fit and proper person to continue driving. Our solicitors can assist you to do this.

Q: I have been charged with DUI and need my licence for work. Can I apply for Special Hardship Orders?

A: No, however you may be able to make a Work Licence Application to continue driving.

Q: I have accumulated too many demerit points and have a high speed offence. Can I apply for Special Hardship Orders?

A: Yes. While your Application will be complex we have experience successfully applying in this situation. Contact us today.

Q: I have been charged with DUI and my licence is also going to be suspended due to a high speed offence or accumulating too many demerit points. Can I keep driving for work?

A: Yes. Making both a Work Licence and Special Hardship Orders’ Application requires a high level understanding of the law and it is important you strictly adhere to the correct process to ensure you are not disqualified from applying for either. Our experienced traffic law team can help you keep driving for work so that you can continue to earn your livelihood.

Fixed Fee – No Surprises

We charge a fixed fee for Special Hardship Orders’ Applications. This includes preparing all the necessary documents and affidavits, and arguing your matter in Court. Call us to talk about your circumstances and what’s involved.

Our lawyers and solicitors will be able to tell you if you are eligible to apply for Special Hardship Orders. If you are, we will do it all for you and give you the best chance of convincing the Magistrate you are an appropriate candidate. Our results speak for themselves and are second to none – guaranteed.

Don’t go to Court by yourself and be surprised or not know what is going to happen. Robert Aitken and his team of lawyers and solicitors are focused on results. Call us today to discuss your Application with an experienced member of our traffic law team.

If you want to know more about making an Application to keep you licence, or speak to a solicitor about your situation and get advice and representation, call us on:

Brisbane - 07 3229 4495

Service Areas include: CBD, Brisbane City, Toowong, Indooroopilly, Paddington, Newmarket, Albion, Sandgate, Redcliffe, Caboolture, North Lakes, Pine Rivers, Holland Park, Mt Gravatt, Wynnum, Richlands, Cleveland, Beenleigh, Ipswich, Gatton, Beaudesert.

Sunshine Coast – 07 5408 0655

Service Areas include: Maroochydore, Mooloolaba, Caloundra, Nambour, Coolum, Peregian Beach, Noosa, Noosaville, Buderim.

Gold Coast - 07 5596 9099

Service Areas include: Helensvale, Southport, Surfers Paradise, Broadbeach, Robina, Burleigh Heads, Currumbin, Coolangatta.

After Hours - 0481 882 839

or email

© 2011 Aitken Wilson Lawyers Pty Ltd. All rights reserved.
Brisbane Drink Driving, DUI Lawyers and Solicitors for Brisbane, Ipswich, Logan (Beenleigh) and the Sunshine Coast, Qld Australia.
AW Law Drink Driving Lawyers is a business name owned by Aitken Wilson Lawyers Pty Ltd ACN 127 617 314.