Why engage Sheehan & Co to represent you should you be charged with driving under the influence and seek a restricted (work) licence?
If you are convicted of driving under the influence of alcohol or a drug, you may be eligible to apply to the Court under the Transport Operations (Road Use Management) Act 1995 (TORUM) for a restricted driver's licence. The Court has the power to place restrictions on your restricted licence, including the times that you may drive, the places where you may drive, the work purposes for which you may be able to drive, the class of vehicle you may drive and whether you may carry passengers in the vehicle.
We will provide you with plain straightforward advice as to whether you are eligible taking into account the following factors specified in TORUM:
whether you are a "fit and proper person" to hold a restricted licence (we will look at your previous driving and other history when addressing this factor);
whether the refusal of a restricted licence would cause "extreme hardship" to you or your family by depriving you of their livelihood;
whether your provisional or open licence has not been suspended, cancelled or disqualified during the past 5 years (this factor does not include certain circumstances);
whether the offence relates to a blood alcohol concentration (BAC) of less than 0.15% (you will not be eligible if your BAC exceeds 0.15%);
whether you are currently the holder of an open or provisional licence;
whether the offence was committed by you whilst you were engaged in a work-related activity (if so, you will not be eligible);
whether you have been convicted of a drink driving or dangerous operation offence during the past 5 years (including a similar offence outside Queensland); and
whether you were not subject to a "no alcohol limit" for any reason under TORUM.
We will appear with you on the first return date of the summons/notice to appear and indicate to the Court whether you accept culpability and a restricted licence will be sought. If so, the Court will grant to you sufficient time to enable us to prepare and file your application and supporting affidavit material (including your employer's affidavit if you are not self-employed) and serve same upon the police.
Provided we are satisfied that you are an eligible applicant, we are confident we can obtain a restricted licence for you to enable you to retain your job or ability to earn your present income.
Our services in this area are tailored to achieve better outcomes for you by:
We take appropriate instructions from you to ascertain quickly whether you are an eligible applicant;
We prepare your application and supporting material using clear language to assist the Court to understand the extreme hardship you and your family will experience if the Court refuses your application;
We understand that you will find going to Court a stressful experience and we will support throughout the whole process to minimise the degree of stress experienced by you.
Other traffic matters
If you have been charged with other traffic offences, we will also be able to assist you.
Make an appointment
Our office is centrally located within the Surat Basin and we are pleased to meet with clients in person, via telephone or home visit to discuss your legal needs in this area.
Remember - it pays to get the right advice!
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