Driving Disqualification Violation
The individual was disqualified from driving for three months due to a drink driving offence, which occurred in Queensland. In 2024, the individual was caught driving while disqualified, as they felt it was urgent to assist a friend experiencing a mental health crisis, prioritizing their friend’s immediate safety over waiting for emergency services. There were no witnesses or emergency services contacted during the incident. The individual acknowledges the breach of disqualification but was motivated by the immediate need for assistance.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential legal consequences for driving while disqualified?
Driving while disqualified is a serious offence in Queensland and carries significant penalties. The court may impose a fine and/or extend your disqualification period. Additionally, there could be a jail term of up to 18 months, especially for repeat offenders or if aggravating circumstances are present. Previous disqualifications could weigh against you. It's essential to consider legal representation to potentially mitigate these consequences.
Can I present any mitigating circumstances to the court given the urgency of my situation?
There may be mitigating circumstances due to the urgent nature of your friend's mental health crisis. The court might consider a necessity defence, highlighting your immediate concern for your friend's wellbeing. However, this defence is rarely accepted for driving offences and would require strong evidence. Seeking legal representation can help present this argument effectively.
How might the court view my actions considering my friend's mental health crisis?
The court may consider the urgency of your situation as a mitigating factor. While driving disqualified is serious, your intention to prevent harm to your friend could demonstrate compassion. The court will balance this against road safety needs. Providing evidence about your friend's situation may influence their view.
Can I apply for a restricted licence to lessen the penalties?
In Queensland, special hardship orders are typically for individuals who have had their licence suspended due to excessive demerit points, not for disqualifications from previous drink driving offences. You might not be eligible for such an order, but demonstrating mitigating circumstances at court may help reduce penalties.
What steps can I take to show remorse and responsibility to potentially lessen my penalties?
To demonstrate remorse and responsibility, consider these steps:
- Traffic Offender Program: Enrol in a program addressing driving offence dangers, which the court may view positively.
- Character References: Gather references from individuals who can attest to your character.
- Community Service: Engage in community service to show commitment to making amends.
- Counselling: Seek counselling to address issues relating to your friend's crisis.
- Written Apology: Prepare a written apology to the court expressing genuine remorse.
