Has your licence been disqualified for more than two years? (PDF ...

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You must apply in person at your local police station to get a National PoliceCertificate on name only (QP349c) or Copy of Own Criminal History form (QP349a).To find out what the current fee is to get a copy of your criminal history, telephonethe Queensland Police Service on (07) 3364 6854 or visit their websitewww.police.qld.gov.auStep 3: Check your detailsCheck your traffic and criminal histories carefully to make sure they are correct.You should also make sure that two years have passed since the date of yourdisqualification. If not, then you should wait until the two years are up, beforemaking an application.Step 4: File an Application for Removal of Disqualification formGet an Application for Removal of Disqualification of Driver Licence form from themagistrates court (see sample on page 26). Complete the form and make twocopies of it. Make sure you list all your disqualifications on the form.When you have completed the form, give the original and copies to the court.You do not have to pay a fee for filing the application.The court keeps the original of the form, one copy goes to the police and the otherone is returned to you when a date has been set for the hearing. In some magistratescourts in Queensland you may have to serve (deliver) the copy to the policeprosecutor yourself – the court staff will usually tell you when you file the form.Legal Aid Queensland9
Applications for removal of licence disqualification are usually heard in courtabout six to eight weeks after the application is filed.When the police receive your application they may ask you, your employer,neighbours, family and friends whether there is evidence that you have driven a motorvehicle since being disqualified. They may also ask about your general behaviour.Even though you have applied for removal of your disqualification, you must notdrive a motor vehicle at this time. If you are convicted of driving at this time youwill be further disqualified from holding or obtaining a driver licence.Step 5: Get evidence to support your applicationIf you have had a Probation Order since you were disqualified from driving, considerasking your Probation Officer to provide an affidavit in support of your application.If your Probation Order had a condition that you attend a drink driver rehabilitationprogram, and you successfully completed the drink driver program, ask theProbation Officer to confirm in an affidavit that you successfully completedthe program. If you completed a rehabilitation program to change your drivingbehaviour or drug or alcohol abuse, then consider asking the coordinator toprovide an affidavit or a reference confirming that you successfully completed theprogram. You could also consider obtaining character references.Evidence supporting your application needs to be given at the hearing. You need toprepare an affidavit like the one on pages 27–29, but do not file it before you go tocourt. An affidavit is a written statement you make under oath (you promise to tellthe truth) with your signature witnessed by a Justice of the Peace. You can downloadan affidavit form from the Queensland Courts website www.courts.qld.gov.au10Has your licence been disqualified for more than two years? A guide to help you apply to remove your licence disqualification
Page 1: Has your licence been disqualifiedf
Page 7 and 8: When can I apply?You may apply for
Page 9: How to apply to a magistratescourtS
Page 13 and 14: • any changes in behaviour or lif
Page 15 and 16: Going to court1 On the date of the
Page 17 and 18: What the prosecutor might askEven w
Page 19 and 20: Can I apply to the Departmentof Tra
Page 21 and 22: What happens next?The department wi
Page 23 and 24: When making your application, you m
Page 25 and 26: Step 3. File a supporting affidavit
Page 27 and 28: Sample 1 - Application for Removal
Page 29 and 30: Sample 2 - Affidavit - Magistrates
Page 31 and 32: Sample 3 - Certificate of ExhibitMA
Page 33 and 34: Legal words and terms explainedAffi
Page 35: Your local Legal Aid Queensland off

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