Special hardship order

Special Hardship Order

Submitting A Special Hardship Order

Rana Lawyers can assist you with information and expert guidance when it comes to submitting a successful special hardship order application in QLD. Driving is more than just a way to get from one place to another. For many of us, having a valid driver’s licence gives us our freedom and independence. Driving is a lifeline to work, education, and other essential services. However, sometimes if you make an error on the road, this can jeopardise your ability to drive. In such situations, the legal system in Queensland has a remedy; the Special Hardship Order.

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07 3181 4345

Need legal advice or have an urgent enquiry?

Give us a call or send through your details, we are available 24/7

07 3181 4345

What Is A Special Hardship Order?

Firstly, what is a special hardship order? A Special Hardship Order, or SHO, is designed to protect those who have been suspended from driving as a result of high range speeding (over 40km/h) or who have breached a ‘good behaviour’ period arising from accumulation of demerit points, who would face severe and unusual hardship if they were unable to drive. It’s not an excuse to drive wherever you like, but a considered legal recognition that sometimes life’s necessities, such as driving for work or family emergencies, should not be overshadowed by an error in judgment on the road.

How Does A Special Hardship Order Work?

When applying for a Special Hardship Order, you’ll need to prove that the inability to drive would cause “extreme hardship” to you or your family. This might be due to work, family commitments, or medical necessity. The process of applying for a Special Hardship Order typically entails assessing your eligibility, submitting an application form, and may even include appearing in court.

To be eligible, you need to hold a full Queensland Driver’s Licence and you cannot have had any suspensions or disqualifications (save for a licence suspension by SPER) within the last five years. A skilled lawyer can help you prepare all the necessary documentation and create affidavits including details of your driving history and the nature of your hardships.

Navigating Special Hardship Order Applications In QLD

Understanding the legal intricacies of the Special Hardship Order Application process in QLD can be daunting. That’s where Rana Lawyers come in. We can steer you seamlessly through the procedure.

Rana Lawyers Client Steps:

STEP 01

Get Started Today

Phone or email us for an initial consultation.

Step 02

How can we help?

Explain your case and we’ll determine if we need to have a conference or simply answer any questions you may be concerned about.

STEP 01

Book a free consultation

Book in for an initial conference with one of our experienced criminal lawyers and we’ll progress from there.

When it comes to Special Hardship Orders, you need to act fast. From the day your licence gets suspended, you only have a short window to lodge your Special Hardship Order application. The team at Rana Lawyers will ensure you act promptly. With our experienced team, you can be assured that all your paperwork will be meticulously prepared.

Our seasoned lawyers will represent you in the Magistrate’s Court, ensuring your case is presented compellingly. If your Special Hardship Order is approved, there are also important conditions that you will need to abide by. Our expert team will be able to assist you in understanding these conditions so you can prevent further legal issues.

Get Expert Advice From Our Dedicated Team.

Contact Rana Lawyers Today!

07 3181 4345

FAQs

What is the difference between a solicitor and a barrister?

Traditionally, a solicitor takes instructions from clients and briefs a barrister for advocacy purposes, such as appearing in Court. However, there has been a significant shift in this historical concept over time and solicitors have taken over advocacy in significant jurisdictions, known as solicitor advocates. At Rana Lawyers, our solicitors frequently appear as solicitor advocates in the Magistrates, District and Supreme Courts in complex criminal matters.

If I am charged, do I have to appear in Court?

The short answer is yes. Anytime a defendant is charged with an offence, there is an obligation on the defendant to appear in Court with certain exceptions. If a defendant is given a notice to appear, they must appear in Court without exception. If a defendant is placed on bail by the Police, they are generally required to attend Court unless a solicitor can appear in their stead and have the defendant’s appearance excused. However, prior to making a decision, it is important to consult a solicitor because each case varies depending on the charge.

Sometimes, you will see an option to plead guilty online. This is applied to a handful of very minor matters (such as public intoxication). It is important that you seek advice on the charge before deciding whether you can plead guilty online because a warrant may be issued for your arrest.

I am charged with a serious offence, why do I have to appear in the Magistrates Court?

All charges commence in the Magistrates Court, whether it is drink driving or murder. At the first mention, certain charges that must progress to the District or Supreme Court will be placed in what is called the ‘committal stream’. The Court will direct that a brief of evidence be disclosed to the defendant by the Police, which ordinarily takes a few months (this varies depending on the charge). Once the brief is fully disclosed, the defendant is ordinarily committed to the superior Court. You will have the opportunity to cross examine witnesses or ask the Court to dismiss the charge for a lack of evidence.

Do I need a lawyer?

It is always advisable to immediately seek legal advice. Even if the charge is minor, and you decide that you do not require legal advice, it would be in your best interests to book in an initial conference, which is free of charge with Rana Lawyers, to understand:

a. The Court process;
b. Your options;
c. Potential outcomes;
d. Whether there is a defence;
e. Whether there is a risk of a significant penalty being imposed.

I have received notice from the Prosecution to give my DNA, do I have to?

There are several mechanisms for the Police to obtain your DNA and unless you challenge whatever mechanism they use, you will have to. It is important to seek legal advice because in many matters, DNA may be an important piece of evidence the Police use to build a case against you.

Police are asking to do an interview with me. What should I do?

The general rule is always seek legal advice before you decide to speak with the Police and, in most instances, you will be told not to do an interview with the Police. The reason is everything you say is recorded and can be used for the Police to build their case or in Court against you. Prior to doing an interview, you do not receive any evidence or a complete analysis of a Police case. There are serious risks in doing an interview uninformed because if you say something that is inconsistent with objective evidence (such as camera footage), the Court may draw an inference that you lied, as opposed to making a mistake, because you had a guilty conscience and were trying to conceal the truth.

Can the Police search my house?

Police cannot search your house unless they have a warrant. There are certain exceptions to this rule, such as investigating a domestic violence offence or an emergent search for a particular purpose such as protecting the integrity of evidence.

A warrant is a document that permits Police to enter your home without your consent. This must be signed by a Justice of the Peace or a Magistrate. It is important to remember not to speak to the Police, save for giving your name and identifying details, without speaking to a lawyer first. Ordinarily, the Police will be recording the entirety of the search of your home and whatever you say may be recorded.

Some warrants may be set aside because they are defective or because they have been obtained improperly.

Testimonials

Highly recommend this law firm. They have a wonderful team of lawyers.

Anoj

Ali Rana , thank you for all your work, advice and support. I Highly recommend you to other future clients . Great experience and professionalism, and the end results were achieved, thanks again

Vicky

Ali Rana got me the best possible outcome and got charges dropped. Throughout the process he made me feel comfortable. I would recommend him to anyone.

Bill

Wow what can I say I had a weapons charge and a fail to appear at court in Harvey Bay. kelsea Read came with me to the Brisbane police station on the 4/9 and i surrender myself. After talking to the police Kelsea got the fail to appear dropped and got my court case to be transferred from Harvey Bay to Brisbane. I walked out of the police station with a court date for the next day on the 5/9 Kelsea Read went to court with me on the 5/9 at Brisbane and was very professional. Kelsea talk to the judge and I got a no conviction and a $400 fine. Kelsea thank you I think you done a fantastic job and I would recommend you to everyone. Your professional, understanding, and very passionate thank you again you have made my wife and family very happy.

Darren

Recently found myself in a spot of legal bother and turned to Patricija for some much needed legal counsel. Patricija was wonderful and took the time to interpret the jargon and explain the situation to me in a language I could understand. Its comforting to know that if I ever find myself in such a low place again that there will always be a genuine, honest and professional lawyer in Patricija to help me pick myself up again. She stood for me when others wouldn’t, 5/5 would definitely recommend Patricija 🙂

Brendan

“Kelsea Read” was my criminal defense lawyer she’s very knowledgeable and professional. She was very competent and compassionate and reassured me at a tough time. She clearly explained everything & laid out a clear plan of action and executed it flawlessly. We got the best results I wasn’t even sure was possible at first! She is an authentic person who really cares about her clients and is an excellent lawyer. I’ve never experienced someone so empathetic and caring that also knows the system and how to fight for you so well.” I would not hesitate to send any of my family and friends to her services.

Kasey

I sincerely cannot recommend Rana law more emphatically based almost purely on the experience we’ve had working with Mr Shane McDowell. His commitment to my matters, his diligence and integrity, has made a long and frightening ordeal significantly less distressing. With Mr Ali Rana & Shane McDowell in your corner, you can rest assured that your matters are in the best possible hands. Professionalism, integrity, and understanding. Rana law, upholding the foundational principles of advocacy. My wife & I will *forever* be grateful.

Alex

Never in my life have I come across a more professional, empathetic legal service than the one I received at this organisation. Patricija treated us with respect, genuinely listened and worked hard to ensure the best outcome possible in our case. Cannot recommend highly enough! If only this thing had 6 stars…

Tom

Natasha Shorter is the most amazing lawyer in her field. Her area of expertise, is of the highest quality and professionalism that I myself, have personally witnessed. She is attentive, understanding and compassionate to her client’s needs.
Natasha exceeds any 5 star rating. In one word. Natasha Shorter is…. “BRILLIANT”. I highly recommend Natasha to anyone requiring the assistance of a lawyer. She simply is The Best!!!

Angela

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We’re here to help you with your legal needs. Whether you have questions, need legal advice, or want to schedule a consultation, don’t hesitate to get in touch with us.

07 3181 4345

enquiries@ranalawyers.com.au

5/95, North Quay Brisbane QLD 4000

Need legal advice or have an urgent enquiry?

Give us a call or send through your details, we are available 24/7.

07 3181 4345

enquiries@ranalawyers.com.au

5/95, North Quay Brisbane QLD 4000

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