Queensland drunk, drug teen drivers keep licence under legal loophole

Teen drink and drug drivers are getting back on Queensland roads without losing their licence, or earlier than charged adults, in a trend an ex-cop and state MP has slammed as “unacceptable”.

Some of Queensland’s most inexperienced drivers are dodging disqualifications for drink and drug driving thanks to a legal loophole putting them straight back behind the wheel.

The Sunshine Coast Daily and Courier Mail can reveal two 17-year-olds each faced the Maroochydore Children’s Court in 2022 charged with driving offences which resulted in their provisional licences being disqualified for the mandatory three-month period.

But after an appeal process, they’re back on our roads despite Queensland Legislation stating they shouldn’t be allowed to drive.

The Queensland Government amended the Tow Truck and other Legislation Amendment Bill in 2018 to ensure 17-year-old drivers were dealt with the same way by the courts as adults would be if charged with similar driving offences.

The change in legislation came about after the government raised the age of being charged as an adult from 17 to 18.

However, Queensland teens are using a loophole in the Youth Justices Act that states police officers should consider alternatives to court proceedings against a child in an effort to divert the child away from the court process.

Some Queensland drunk, drug teen drivers are keeping their driver's licence under legal loophole despite Queensland Police attempts to uphold the law. Picture: Patrick Woods.

Some teens who have been prosecuted in court and lost their license as a result are successfully appealing those rulings, arguing that they should be dealt with under the Youth Justice Act and be offered a chance at diversion instead of court.

One Sunshine Coast teen, who cannot be named for legal reasons, had lost his licence for three months after he pleaded guilty in Maroochydore Children’s Court in March 2022 for recording 0.049g of alcohol during a breathalyser test at Teewah Beach.

The court heard the 17-year-old boy had been camping with friends at Rainbow Beach where he drank one vodka cruiser and ate some brisket that had been marinated in overproof rum, not realising it would affect his ability to drive.

He successfully appealed his sentence in May 2022 and had his licence reinstated after the court found he should have been dealt with under the Youth Justice Act.

Another Sunshine Coast teen, who also cannot be named for legal reasons, was found guilty of driving in February 2022 whilst a relevant drug was in his blood/saliva, after he’d smoked a joint at a party 36 hours prior to driving home from work.

Court documents state the 17-year-old boy had no drug use history and only smoked the marijuana after he was pressured to by his friends before calling his dad to collect him because he wasn’t feeling well.

The teen appealed the conviction in the Children’s Court of Queensland stating the disqualification was excessive punishment.

The court ordered in May 2022 the charge be dismissed, his license reinstated, and he be referred to the restorative justice process.

Meanwhile, other jurisdictions are also facing similar problems with youth drivers appealing their driving disqualification.

Some 17-year-olds are appealing their driving disqualifications in the Maroochydore Court House. Picture: Patrick Woods.

A Redcliffe teenager lost his learner driver’s licence for six months after he pleaded guilty in Redcliffe Children’s Court in March 2021 to dangerous operation of a vehicle, evading police and other driving offences.

Police had charged the 17-year-old boy after he drove 100km/hr in a 70km/hr zone while swerving through traffic and almost colliding with other cars.

Court documents reveal the teen had nearly flipped her mother’s car during this incident and drove on the opposite side of the road at times through a main road in the Redcliffe area.

The teen had “freaked out and kept on driving” despite being chased by police.

The magistrate dismissed the bulk of the offences which were referred for a restorative justice process except for the dangerous operation of a vehicle charge, for which the teen was sentenced to a nine-month probation order and an automatic six-month licence disqualification.

However, the appeal court found the magistrate should have referred all of the offending under the Youth Justice Act because remorse had been shown by the teen, who had no criminal history despite the “unusual circumstances” in the case.

The six-month licence disqualification was scrapped, and the teen’s licence reinstated

Ninderry MP Dan Purdie. Picture: Patrick Woods

Ninderry MP and former police officer Dan Purdie said this legal loophole was allowing inexperienced drivers back onto Queensland roads without any punishment or consequence for their poor decisions.

“It’s unacceptable that 17-year-old drivers are getting off life endangering traffic offences with a slap on the wrist,” Mr Purdie said.

“Young 17-year-old drivers are getting off serious offences like drink driving, drug driving and dangerous driving.

“P-platers are the most inexperienced drivers on our roads and they are in a high risk category for fatal accidents.

“A licence is a responsibility, not a right, and there should be strict penalties in place when young drivers do the wrong thing, because in the hands of an inexperienced driver, a vehicle is a dangerous weapon.”

Mr Purdie said change needed to happen to keep other drivers safe.

“As the road toll in Queensland continue to rise and more and more innocent lives are being lost on our roads, it should be alarming to all Queenslanders that 17-year-old drivers are being given a free pass,” he said.

“This is just another example of how the state government’s soft on crime regime is failing to keep Queenslanders safe.

“As a state we’ve worked hard to try and improve attitudes and driver behaviour, and these weak laws are just creating a new generation of ‘bloody idiots’.”

A Department of Children, Youth Justice and Multicultural Affairs spokeswoman said the department was aware of a number of cases on the Sunshine Coast where appeals had occurred, however, there were many cases where disqualifications were applied.

“Ultimately, the legislation enables police and courts to make appropriate decisions in relation to community safety by considering the evidence and circumstances before them,” the spokeswoman said.

Some Queensland drunk, drug teen drivers are keeping their drivers licence under legal loophole despite Queensland Police attempts to uphold the law.

The spokeswoman also said the Youth Justice Act was amended in 2018 so that on a finding of guilty, even if a conviction was not recorded, 17-year-olds received the same mandatory disqualification consequences as adults.

“However, it has always been the case that a police officer must first consider whether it would be more appropriate to divert the child,” the spokeswoman said.

“If the police do not divert, the Children’s Court may dismiss a charge if it is satisfied the child should have been cautioned or referred to restorative justice.”

The spokeswoman said the police officer was required to consider the circumstances of the alleged offence and the child’s previous offending.

“It should be noted that this does not apply to a serious offence under the Act, such as dangerous driving causing death or grievous bodily harm while adversely affected by an intoxicating substance,” she said.

“In these cases, the police officer may still divert, but is not required to consider a diversion.

“This is consistent with the clear and extensive body of evidence that shows diverting children wherever appropriate, particularly those at low risk of reoffending, reduces the likelihood of reoffending.”

A Queensland Police spokeswoman said if a Children’s Court dismissed a charge under the legislation a police officer could restart a proceeding against the child or a court sentencing of the child.

The spokeswoman said this could happen if the chief executive returned the referral or if the child failed to comply with a restorative justice agreement as a consequence of that referral.

In response to appeals of these convictions, the spokeswoman said the Queensland Police Service Legal Unit had not received requests to appeal sentences from police officers or prosecutors, with sentence reviews dealt with by the Office of the Director of Public Prosecutions.

“Sentence reviews in the Children’s Court of Queensland are not sent to the Queensland Police Service for instructions or the Queensland Police Service is not advised of the appeal outcomes,” she said.

The spokeswoman said it wasn’t for police to provide comment on whether the legislation reflected the government’s intention.

A Department of Transport spokeswoman said the amendments made in 2018 to the Youth Justice Act continued to hold 17-year-old’s accountable for their behaviour in the interests of road safety.

Originally published as Queensland drunk, drug teen drivers keep licence under legal loophole