Have you been charged with a traffic offence?

December 10, 2025

We often get requests for assistance with respect to traffic offences from people from all over Queensland and interstate.

A traffic offence is an offence involving the use of a motor vehicle or other vehicles used for transport such as motorcycles, bicycles, scooters, skateboards and even horses.

If you have been charged with a traffic offence and you need help from a solicitor, firstly consider where the alleged offence occurred and the location of the court where you are required to appear. Although it is sometimes possible for your solicitor to appear by telephone to represent you, this is not always the case.  Therefore, choosing a solicitor close to the location of the court where you are required to appear may be a more cost-effective option.

If you live and work in one town and commit a traffic offence in another town, and if you intend to enter a guilty plea, it may be possible to move the hearing to your local court for sentencing.

Application for special hardship order

If your Queensland driver’s licence has been suspended due to loss of demerit points, you may be eligible to apply for a special hardship order which will allow you to drive with special conditions imposed.  You must provide evidence to the court that you, or your family, would be adversely affected and would suffer hardship if you do not have a licence.

If you live and work on farm not having a licence can have a significant impact on your income and family life. If you are in this position, things you need to consider and address when making a special hardship application are:

1. how far are you located from the nearest town. This is important as your means of accessing essential services such as grocery stores and medical appointments, school and extracurricular activities for you and your family will be significantly impacted if you live a significant distance from town;
2. will your suspension be during a busy period such as planting or harvest. These periods are critical for the financial success of farming operations for farm owners’ contractors and employees;
3. can your role be fulfilled by someone else and what would be the impact of this. For example, if you run your own business, would this require you to employ additional people to fill the role? If so, what is the cost of employing somebody and how likely is it that you will actually be able to find someone to fill the role;
4. can you pay someone to drive you and/your family, and if not, why not;
5. what other transport options are there. Often in rural areas there are very limited public transport options.

You must apply for the special hardship order in the Magistrates Court where you live on the day or very soon after your licence has been suspended.  A filing fee will apply and the Court will allocate a date for the hearing of your application.

Once you have filed your application in the Court, it must be served on the Department of Transport and Main Roads who will remove the suspension.  You may then drive up to the day before the hearing date but NOT on the date of the hearing.

If the Court grants the order you may continue to drive with special conditions imposed.  If the Court does not grant the order, your licence will remain suspended.  The special conditions are likely to relate only to earning your income and not for social activities.

If you believe you are eligible for a special hardship order, we recommend you seek the advice of our team prior to your suspension coming into effect or as soon as possible thereafter.