Drink Driving Appeal QLD
A person who has been disqualified from driving may appeal the disqualification after the lapse of two years.
The process starts by going first to the Department of Transport and Main Roads to fill in an application form which needs to be lodged with the court.
An affidavit must be prepared explaining the reason for disqualification and this must be attached to the application form. Upon submission of the application to the court a date will be set for the hearing. The police prosecutor must be furnished a copy of the application and the affidavit because the prosecutor must be given at least 28 days notice prior to the hearing. At the hearing, the magistrate may require evidence to support the application.
Questions may also be asked by the both the magistrate and the prosecutor. If the court decides to lift the disqualification, the driver then must apply for the issuance of the license following the normal process of application at the Department of Transport and Main Roads. If the court denies the application, the applicant has to wait another year to appeal again the disqualification. If the disqualification resulted from a drink driving offence the court may order that the applicant participate in the alcohol ignition interlock program.
On occasions, anyone who has received a drink driving conviction may have to use an alcohol ignition interlock if the drink driving offence resulted in a blood/breath alcohol concentration (BAC) of 0.15 or over. If the driver failed to provide a specimen for analysis or the driver was driving dangerously when affected by alcohol or had committed 2 or more offences for drink driving within a period of 5 years then joining the interlock programme is compulsory.
An alcohol ignition interlock is a breath-testing device, which is linked up to a vehicle’s ignition so that the vehicle cannot be started if the driver is under the influence of alcohol.
One of these devices is certainly a means of controlling the behaviour of a person who has been convicted of a drink driving offence but if you think you have been unjustly charged or you believe that you should not need to be controlled by an alcohol ignition interlock device then you should contact a lawyer to discuss your situation.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
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