CRIMINAL LAW - YOUR RIGHTS
In Queensland, your criminal law rights are primarily governed by the Criminal Code Act 1899
  1. Right to Legal Representation: You have the right to seek legal advice and be represented by a lawyer in court.
  2. Right to Silence: You are not required to answer police questions beyond providing your name and address.
  3. Presumption of Innocence: You are presumed innocent until proven guilty.
  4. Right to a Fair Trial: You have the right to a fair and public hearing by an impartial court.
  5. Protection from Unlawful Searches: Police need a warrant to search your property unless specific exceptions apply.
TRAFFIC OFFENCES - Work Licence and Special Hardship Order
Only two types of licences allow you to drive during a period of licence disqualification or suspension.
WORK LICENCE:
Is only available if you are charged with drink or drug driving and need to drive for work purposes. 
To apply for a work licence you must be on an open Queensland drivers licence and the alcohol reading must be no more than .149. 
You cannot apply if in the last five years you have had your licence suspended (unless it’s a SPER suspension), cancelled or disqualified and applies regardless of your circumstances (namely you will lose your job).
A work licence must be applied for at the time of sentencing. (it cannot be applied for later.)

SPECIAL HARDSHIP ORDER:
Is a court order that allows a driver with a suspended Queensland provisional or open licence to continue driving under restricted and specific conditions.
Eligibility for special hardship orders
1. To be eligible to apply for a special hardship order
Your licence must have been suspended because you:
  • gained 2 or more demerit points while driving under a good driving behaviour period

    OR
  • committed a high speed driving offence (more than 40km/h over the speed limit).
2. To receive a special hardship order
You must convince the court that the licence suspension would cause one or both of the following::
  • extreme hardship to you or your family by depriving you of your means of earning a living

    OR
  • severe and unusual hardship to you or your family for other reasons, such as transporting a family member to medical appointments.
You are not eligible to apply if:
  • the licence that was suspended was a Queensland learner licence
  • you hold a driver licence issued outside of Queensland.
You are also not eligible to apply for a special hardship order if, within the 5 years before your driver licence was suspended:
  • your Queensland driver licence was cancelled or suspended, including if you were granted a special hardship order
  • you were disqualified from holding or obtaining a Queensland driver licence
  • your authority to drive in Queensland on a non-Queensland driver licence was suspended
  • you were made ineligible to apply for a Queensland driver licence because you either
    • incurred excessive demerit points
    • were convicted of driving more than 40km/h over the speed limit while unlicensed
  • you were convicted of operating a vehicle dangerously.
However, you may still be eligible to apply for a special hardship order if you have received:
  • a suspension for failing to appear in court to answer a drink or drug driving charge
  • an immediate licence suspension because of an alleged drink or drug driving offence
  • a 24-hour suspension because of a matter relating to drink or drug driving
  • a suspension or cancellation set aside on review by the Department of Transport and Main Roads
  • a suspension or cancellation because of mental or physical incapacity
  • a suspension imposed by the State Penalties Enforcement Registry
  • a suspension or cancellation set aside on review by the Queensland Civil and Administrative Tribunal.