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Worried a traffic charge could cost you your licence, your work routine, or your ability to drive the kids around? You’re not alone. Plenty of Caloundra drivers end up staring at a Notice to Appear or an infringement notice and wondering what comes next.
This page sets out general information about how traffic matters work in Queensland, the kinds of offences that carry serious consequences, and where a lawyer can genuinely make a difference. If you need traffic offence defence and advice, Ferrall & Co Lawyers can help.
In Australia, traffic offences are sorted by severity. Penalties range from fines and lost demerit points right through to licence suspension, disqualification and, at the serious end, imprisonment.
Most low-tier matters resolve through an infringement notice. You pay the fine, you lose a few points, and that’s the end of it. Mid-range offences may require a court appearance and can put your licence at risk. Serious offences are dealt with in the Magistrates Court, and in some cases get bumped to a higher court altogether.
Where your charge sits on that spectrum changes everything: the defences open to you, the realistic sentencing range, whether a restricted licence is possible, and whether jail is on the table at all.
Drink driving is treated seriously across Australia. Penalties may include fines, licence disqualification and a stretch on the alcohol ignition interlock program for high-range readings or repeat offenders.
The interlock is a device fitted to your vehicle. You blow into it before the engine starts. If the reading is over the prescribed limit, you’re not going anywhere. In Queensland, interlock conditions apply for a defined period once you become eligible to drive again.
Things like your reading, your driving history and the circumstances of the stop can all influence what a magistrate hands down. A lawyer can walk you through the realistic range of outcomes for your situation rather than leaving you to guess.
The offences that carry the heaviest consequences include negligent driving causing death or grievous bodily harm, dangerous or reckless driving, and failing to stop and render assistance after an accident. These charges can lead to long disqualification periods, substantial fines and prison time.
The flow-on effects matter too. Insurance, employment, overseas travel, professional registrations: all of it can be affected long after the matter ends.
Once a traffic matter starts to look more like a criminal case, early legal advice isn’t optional. What you say to police in the first few days, the witnesses who get spoken to, the evidence collected at the scene, it all shapes the case before it ever reaches court. For more serious charges, our criminal defence team in Caloundra works closely with our traffic side.
Yes — but the clock starts ticking the moment the notice arrives.
In Queensland, you have a limited window from the date of the infringement notice to either pay the fine or elect to have the matter heard in court. Other states do things differently. In New South Wales, for example, individuals can contest traffic fines by appealing to the State Debt Recovery Office (SDRO) within 21 days of receiving the infringement notice.
If you believe you didn’t commit the offence you’ve been fined for, getting legal advice quickly is important. A lawyer can review the evidence police are relying on, tell you whether you’ve got grounds to challenge the charge, and weigh that against the option of pleading guilty with mitigating submissions.
Once police have charged you, paperwork follows. In Queensland, this typically arrives as a Notice to Appear or a Complaint and Summons sometimes given on the spot, sometimes posted later. Formal charge documents can take roughly 4 to 8 weeks to land.
When they do, deadlines start running. Listing dates, disclosure, your time to instruct a lawyer — all on a clock. The earlier you get advice, the more options stay on the table.
A fair bit, when you let them get on with it.
A lawyer who works regularly in traffic matters will go through the prosecution evidence carefully: police statements, breath or blood analysis records, radar calibration data, body-worn camera footage, dashcam clips. The aim is to find weaknesses, procedural errors or inconsistencies that might affect how the case runs.
Beyond that, they’ll give you an honest read on the strength of your case, advocate firmly for you in court, and where it’s appropriate, negotiate with prosecutors to reduce charges or minimise penalties. They’ll also prepare the documentation and evidence your matter actually needs, rather than running it the same way every other matter gets run.
If your offence carries a real risk of jail time, significant fines or licence loss that would seriously affect your work or family responsibilities, yes, every time.
For less serious matters, the answer depends. A short consultation can tell you. Sometimes the advice is straightforward: plead guilty, save your money, and here’s how to mitigate. Sometimes there’s a real defence worth running. Either way, you’ll know what you’re dealing with before you spend anything.
Working with a lawyer who understands traffic law and the local court system can lift your chances of a more favourable result. They know how to negotiate with prosecutors, what magistrates respond to in submissions, and how to put a case together properly.
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Traffic cases can be complex. However, we handle all legal details, from initial advice to court representation.
Our legal expertise helps reduce stress and uncertainty in traffic cases.
Our traffic offense lawyers make navigating traffic law simpler, ensuring that you understand every step of the process.
We prioritise your best interests by providing legal representation that reflects your rights and options.
Start with a free consultation where we listen to your story, understand your situation and provide an outline of our assistance. This initial step ensures that you feel heard, supported, and empowered.
Together, we’ll create a clear, personalised plan for your needs. This step removes the guesswork and gives you a roadmap, showing exactly how we’ll handle your situation.
With the plan in place, you can rest easy knowing that we will handle all the legal details for you. From filing paperwork to negotiating on your behalf, we work tirelessly to secure the best outcome, allowing you to focus on moving forward with your life.
Our divorce lawyers provide a simple and supportive path to a fair resolution, ensuring you feel understood and valued.
After completing a Bachelor of Laws at James Cook University in Townsville in 2002, Rowena completed her initial legal training at the Aboriginal & Torres Strait Islander Legal Service (ATSILS) in Townsville. She then finalised her Post Graduate Diploma through the Australian National University in Canberra in 2004, the same year she qualified to practice as a solicitor.
Rowena is admitted to practice in Queensland and in the High Court of Australia, allowing her to appear in all Courts in Queensland as well as Federally based Courts across the country.
Rowena has worked in Townsville, the Sunshine Coast and Brisbane in general litigation since her admission in 2004. After working as a generalist for several years, Rowena decided that she could best serve her community by opening her own boutique legal practice with a relaxed approach to client consultations, a manageable fee structure, as well as incorporating two furry friends who provide additional support for clients when in need.
Family legal issues are sensitive and complex, but we can guide you through this time with honesty, integrity and expert advice.
If you are being investigated by the police or any other investigative body, you likely need quick, solid legal advice.
Traffic offences can strip a person of their license to drive, which can harm their life, with some experiencing immense personal and financial hardship.
When you’re in a difficult situation, Ferrall & Co. Lawyers have your back. Contact us to book an initial consultation to assess your situation, and we can guide you on the next steps to take.
The best way forward is with Ferrall & Co., where our experienced traffic lawyers are ready to assist you.
When you’re in a difficult situation, Ferrall & Co. Lawyers have your back.
What is number plate cloning? Number plate cloning is when someone illegally copies a legitimate vehicle’s registration number and uses
At Ferrall and Co., we are dedicated to getting positive outcomes for our clients and their families. We have long
The Ferrall and Co. team is proud of its reputation for fighting for our clients with compassion and integrity. We
The seriousness of the traffic offence will often determine the severity of the penalty imposed. While many people are let off with a fine, others will be disqualified from holding or obtaining a driver’s licence for a period of time. Disqualification periods can last from months to years. Some people may be even be sentenced to a period of imprisonment.
Traffic offences and the penalties that can be imposed for them can have significant ramifications on people’s lives.
The penalties can include:
The police are permitted to approach people and ask them questions at any time, as anyone else in the community can do. If you are approached by police, there are certain things you are required to tell them but there are also things you aren’t. You should provide them with your name and address. However, contact a solicitor if you are concerned about their questions.
It is very important you are aware of what to say and what not to say. It is very much like the old Kenny Rogers song, “Know when to hold ‘em and know when to fold ‘em”, and definitely, “know when to walk away”.
It is best to stay quiet and try not to talk your way out of a problem. There is nothing you can say in that moment that will help you in Court and this can only harm your prospects.
When asked by a police officer, you must give them your correct name and address. The police must warn you it is an offence for you to not tell them your correct details.
In car accidents and other traffic offences the police have broader powers to obtain information from people. However, generally once you have told the police your name and address you are able to remain silent.
It is important for you to remember that police are usually recording everything that is happening around them, in every location. The police often have audio recorders in their shirt pockets, and front-line police have body-worn cameras on their shirts. There is no such thing as ‘off the record’ when it comes to police.
Yes. You can definitely ask the police officer whether you have to answer their questions or whether you are obliged to let them do something to you or your property/vehicle. There is no harm in asking if you can refuse their request.
Head home, think it over, and seek legal advice from a traffic offence lawyer as soon as possible. From there, you can decide what your best approach is.
If the police have decided to charge you with a criminal offence, they will issue you with a Notice to Appear. This is a small paper slip which usually has handwritten information on it including; your personal details; the details of the charge/s you have been issued; when you have to appear in Court; which Court you have to appear in; and the arresting officer’s details. The slip will be written by the arresting officer in a carbon copy booklet. Each Notice to Appear is done in triplicate. The officer will provide you with one copy and keep the other two.
Yes. If you have been given a Notice to Appear you must attend the Court listed on the Notice at the time and date written on the slip. If you fail to appear, a warrant is likely to be issued for your arrest and you will be charged with Failing to Appear. If, for some reason, you can’t appear on that date you should contact the Courthouse as soon as possible to let them know.
A Notice to Provide Personal Particulars is a notice issued by the police, usually with the Notice to Appear. The Notice to Provide Particulars gives you seven days to report to your local police station so that they can take your photograph, fingerprints and a DNA sample.
If you fail to attend within the seven days, you are likely to be charged with an offence for failing to provide your particulars.
If you are caught drink driving in Queensland, you will be provided with a Notice to Appear in the closest Magistrates Court to where the police intercepted you. The police will process you and the magistrate will decide on your penalty on the day of your Court appearance. This can include a monetary fine, a period of licence disqualification, or a prison sentence.
A number of factors will determine how severely you are punished. These include your blood alcohol reading at the time of interception, the length of your past traffic history and what offences are included on it, and any previous drink driving convictions you have had.
The penalties for drink driving offences are governed by the Transport Operations (Road Use Management) Act 1995 which is commonly referred to as TORUM. There are four alcohol limits in Queensland. Where your reading sits within these limits will affect the severity of your penalty. The four alcohol limits include the no alcohol limit (0.00), the general alcohol limit (0.05 to 0.09), the middle alcohol limit (0.10 to 0.149), and the high alcohol limit (over 0.15).
If your blood alcohol reading is less than 0.10 when you’re intercepted, you will be processed and issued with an automatic 24-hour licence suspension. Once this lapses you will be able to drive up until your Court date. The police are able to also issue you with an immediate suspension of your licence and this will remain in place until your matter is finalised by the Court.
The police will immediately suspend your licence if you have committed a low range drink driving offence (0.05 to 0.09) while you have another prior drink driving offence still underway in the Courts.
The police will also immediately suspend your licence if; you have been charged with mid (0.10 to 0.149) or high (over 0.15) range drink driving on this offence; or you fail to provide breath or blood sample for analysis; or you are charged with dangerous driving in conjunction with a drink driving offence. This suspension will remain in place until your matter is dealt with by the Court.
The Court is unable to use the time between you being charged and the matter being finalised by the Court as “time served” so it is best to have the matter dealt with by the Court as soon as possible.
There are many determining factors which play a part in what penalty will be applied to your first drink driving offence. These include your type of licence, your blood alcohol reading, your age, your prior traffic history, and any other aggravating circumstances (i.e. whether your vehicle was crashed).
Even though it is unusual for a Magistrate to sentence a first-time drink driving offender with a prison sentence, it is in their power to assess each case and determine the punishment on its own merits. If a Magistrate believes the circumstance of a particular case warrant a penalty of a prison term, then they will order it.
These licences allow no alcohol in your system at all. You will be disqualified from holding or obtaining a driver’s licence for a period between three and nine months, a fine up to a maximum of $1,868, with a possible term of imprisonment for up to three months.
These licences allow no alcohol in your system at all. You will be disqualified from holding or obtaining a driver’s licence for a period between three and nine months, a fine up to a maximum of $1,868, with a possible term of imprisonment for up to three months.
If you are caught with a blood alcohol reading of over 0.05 but under 0.09, you will be considered to have committed a low range drink driving offence. The Court has the discretion to disqualify your licence for a period between one and nine months. They can issue a fine of up to $1,868, and a possible term of imprisonment of up to three months.
If you are on an open driver licence and are charged with a mid-range offence (a blood alcohol reading of between 0.10 to 0.149), you will be disqualified from holding or obtaining a driver licence for a period of between three and 12 months. There may also be a maximum fine of $2,669, and a possible term of imprisonment of up to six months.
Open licence holders who are caught high range drink driving (a blood alcohol reading of 0.15 or greater) will be disqualified from holding or obtain a driver licence for no less than six months. They may also face a maximum fine of up to $3,736 and a possible term of imprisonment of up to 9 months.
The Court will believe that you have no care for the law or safety of others and will sentence you with harsher penalties. The Court can see you fined up to $6,600 and face a disqualification of your licence for up to two years. If your blood alcohol reading is higher than 0.15 or you fail to provide a blood or breath sample, your vehicle will be impounded, and possibly confiscated permanently and sold by the government.
You will be considered a repeat offender if you get caught drink driving and have had a previous drink driving offence in the last five years.
