Cleveland Work Licence Case Study: Fourth Drink Driving Offence (0.072), Job Saved Before Christmas (QLD)

Jurisdiction
Queensland
Court
Cleveland Magistrates Court
Charges
Low range drink driving (0.072), fourth drink driving offence (last about 14 years earlier); section 87 work licence application
Outcome
Guilty plea. Section 87 work licence granted for 2 months (Monday to Saturday, 6 am to 7 pm, with conditions); $800 fine.
Filmed
November 2023

Summary

A 37-year-old had four beers after work and returned 0.072. It was his fourth drink driving offence, but the last was about 14 years earlier. With affidavits, references and the Traffic Offenders Program, Cleveland Magistrates Court granted a 2-month work licence and an $800 fine.

Key takeaways

  • The reading was 0.072 after four beers in 2 hours.
  • It was his fourth offence, but about 14 years had passed since the last one.
  • Employer and personal affidavits are required for a section 87 application.
  • The work licence allows driving Monday to Saturday, 6 am to 7 pm, with passenger and uniform conditions.
  • He received a 2-month work licence and an $800 fine.

A work licence application at Cleveland

In this Cleveland work licence case study, Joshua Boorman appeared at Cleveland Magistrates Court, in the Brisbane region, on a section 87 restricted work licence application. The client had pleaded guilty to low range drink driving with a reading of 0.072.

A stock standard offence

Joshua describes the offence as a relatively stock standard drink driving matter. The client finished work, went to a friend’s business and had four beers in 2 hours. He felt fine and decided to drive home, and was pulled over for a random breath test on the way.

There was nothing aggravating about it. He was the sole occupant, he was not driving erratically, he cooperated with police and he entered an early plea of guilty.

What muddied the waters

This was his fourth drink driving offence. Joshua says he had a shocking record in his early adult life, but about 14 years had passed since his last DUI, and he is now 37.

You cannot change the past or what is on your record, Joshua notes. But he submitted that this behaviour was out of character for how the client has carried himself in recent years, and that the offence was not going to kick off a new pattern of reoffending.

Cleveland work licence case study: how Joshua Boorman prepared the application

  • He completed the Traffic Offenders Program.
  • He obtained very good, strong character references.
  • He provided the usual affidavit from his employer and his own affidavit, which Joshua explains are required for a section 87 application.

The work licence

The magistrate received the case well and granted the work licence, with these conditions:

  • driving for work from Monday to Saturday, 6 am to 7 pm;
  • passengers only if they are employed by the company or are clients of the business;
  • he must be in his work uniform; and
  • no logbook was required in this case, although Joshua notes some orders do require one.

The work licence runs for 2 months. Joshua explains that after that, the client goes onto a probationary licence for 12 months, with 4 demerit points and a zero blood alcohol limit. He was also fined $800.

What this case shows

Older offences do not necessarily rule out a work licence, as long as the person meets the eligibility rules. Good affidavit material and references let the client keep his job and his income through the Christmas period. Every case is different, and eligibility depends on the person’s history and circumstances.

Key general information (QLD)

General information only, not legal advice, as at October 2026. Every case turns on its own facts.

  • Drink driving offences: In Queensland, drink driving offences are set out in the Transport Operations (Road Use Management) Act 1995 (Qld).
  • The broad penalty picture: TMR describes a 24-hour suspension where the reading is under 0.10, and an immediate suspension, lasting until the charge is dealt with, for mid and high range charges and some other situations.
  • Work licences: Queensland has a “restricted licence”, commonly called a work licence, under section 87 of the Transport Operations (Road Use Management) Act 1995.
  • Sentencing and convictions: Alongside the disqualification set under the road transport laws, the general sentencing law in Queensland is the Penalties and Sentences Act 1992 (Qld).
  • The court process: Drink and drug driving charges in Queensland are dealt with in the Magistrates Court.

Further reading and related videos

Boorman Lawyers has more on appearing at Cleveland, restricted work licences in Queensland and the Queensland Traffic Offenders Program. Its Queensland site covers drink driving matters across Queensland.

On this site, see a Beenleigh work licence case and a Brisbane low range matter, or browse all Queensland and drink driving videos.

For people who are preparing to plead guilty without a lawyer, DIY DUI’s Cleveland page covers the local court and plea process. (DIY DUI is a self-help program for people preparing their own guilty plea. It is not legal representation and is not part of Boorman Lawyers.)

Frequently asked questions

What was the outcome?

The court granted a section 87 work licence for 2 months and fined him $800.

What conditions were on the work licence?

Driving for work Monday to Saturday from 6 am to 7 pm, passengers only if they are employees or clients of the business, and wearing his work uniform. No logbook was required in this case.

Could he get a work licence with three earlier drink driving offences?

In this case, yes. His last drink driving offence was about 14 years earlier. TMR lists a drink or drug driving conviction in the past 5 years as one of the things that rules a person out.

What happens after the work licence period?

Joshua explains that the client then goes onto a probationary licence for 12 months, with 4 demerit points and a zero blood alcohol limit.

What is a work licence in Queensland?

It is a restricted licence ordered by the court under section 87 of the Transport Operations (Road Use Management) Act 1995. TMR explains it must be applied for before the magistrate imposes the disqualification, and lists eligibility criteria and exclusions, such as a reading of 0.15 or more or a drink or drug driving conviction in the previous five years.

Read the video transcript

It's Josh Boorman here outside Cleveland Magistrates Court in uh Brisbane I've appeared for my client on a section 87 work restricted work licence now that's because he pleaded guilty to a low-level drink driving charge uh the reading was 0.072 um there was nothing aggravated about the matter it was a relatively stock standard type of drink driving he' finished work he' gone over to a friend's business had four drinks in 2 hours four beers in 2 hours

Felt fine decided to drive home and on his way home he was pulled over for the purpose of a random breath test nothing aggravated about the matter uh he sole occupant of the vehicle uh wasn't driving erratically um cooperated with police and has entered an early plea of guilty so a very sort of um stock standard type of drink driving offence the thing that did sort of cloud or muddy the waters was it was his fourth drink driving offence

Now there was quite a period of time that has passed since his last DUI about 14 years ago so admittedly he had quite a shocking record in his early adult life he's now 37 um so yeah I mean you know you can't change the past or what's on your traffic record and your history but um we did submit to the court that this type of behaviour was out of character for his recent sort of um behaviour

And record and how he's carried himself and we pressed to the court that this sort of incident was not going to uh kick off a pattern of reoffending in the future um he went did the Traffic Offenders Program he got some very good strong uh character references as well as uh the usual affidavit from his employer and from himself um which is required for the section 87 restricted work licence application um so we presented all that to the court today

Um uh our case was well received by the magistrate she um she granted the work licence you can work from Monday to Saturday from 6:00 a.m. till 7:00 p.m. uh can carry uh passengers only if they're directly employed by the company or um clients of his business that he works for um he doesn't need to carry a workbook uh log book but sometimes they do require that uh and he he he's always working in his work uniform

So that's another condition of the order so it was granted for a period of 2 months 2 months he's going to be on a work licence then he can go on a probationary licence for 12 months which is um uh probationary licence is 4 points and zero blood alcohol for 12 months uh but the main thing is he can save his job save his income and uh feel confident going through the Christmas period uh that his income is secure uh

So 2 months he did get an $800 fine and that was the end of the matter so thanks for tuning in here at Cleveland Magistrates Court today.

General information only, based on Queensland law at the time of filming. Not legal advice — every case turns on its own facts. Past results don't guarantee future outcomes.