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We recently appeared in the Sandgate Court for a client facing the real prospects of a prison sentence. The client had been charged with unlicensed driving due to a previous court ordered disqualification and high range drink driving or driving UIL (also sometimes referred to as a DUI).

 

Making the situation much worse for the client is that he had, in the words of the Magistrate, a terrible history that included eight previous disqualified driving charges and seven previous drink driving (UIL) charges. In the previous five years there were two high range drink driving charges alone. As a result of the legislation where a person has three high range drink driving charges within five years, a prison sentence must form part of the penalty imposed by the Magistrate. This doesn't mean that a person will necessarily go to jail, but it means a jail sentence will be imposed and the question will then become whether or not they should get an immediate parole release date.

 

In our client's circumstance, we had to fight very hard to try and keep him out of jail. Specifically, we were seeking that the court impose a jail sentence for the drink driving charge with an immediate parole release meaning the client would be released from the court that day with a jail sentence hanging over their head should they breach their parole.

 

We also had to deal the disqualified driving charge and in that circumstance we sought a probation order so that in essence, the client would be on a parole and a probation order at the same time.

 

Ultimately, we were able to convince the Magistrate to do this given that the client clearly had a long standing alcohol abuse issues, even though he had never sought treatment in the past. One of the things that was the most concerning for the Magistrate was that he had spent time in jail for the exact same charges two years ago. Therefore, our job was made particularly difficult as we could not argue that a jail sentence with actual imprisonment was not an appropriate sentence because that had previously been imposed by an earlier court for the exact same charges.

 

The client did not help himself in that he failed to obtain the type of references that we had suggested that he obtain and had not done any of the driving courses that we had suggested. We did have the client assessed by the Probation and Parole Officer at Sandgate Court and ultimately they informed the court that there were courses and structures that could be put in place to try and minimise the likelihood that the client would reoffend. The Magistrate said that she was faced with a difficult task in that deterrence is the number one issue for the court. That is deterrence specifically of our client from committing these offences again and deterrence of anyone else committing this offence. If a too light a sentence is imposed then deterrence of our client may not be effective and deterrence of the general public committing the same type of offences would also be diminished.

 

Ultimately, we were able to convince the Magistrate not to send our client to jail. But it was perhaps the closest you can come to a potential prison sentence without actually being sent to jail. Our client will now be subject to quite close and strict supervision by Probation and Parole to try and ensure that he does offend again.  If he does offend in the next year he could be sent to prison for 28 days for breaching his parole order with further punishment likely.

 

There are some important lessons to learn from this type of offending and that is, it is important for a person to ensure that they have done everything prior to the court case possible to try and convince the Magistrate that they deserve a further chance by not being sent to jail. The other lesson to be learned is that disqualified driving especially where it combined with a drink driving charge (UIL) will be treated seriously by the Courts and there is a high possibly of receiving actual prison time for these types of offences, especially where like our client, the traffic history is poor.

 

If you need any information on drink driving offences or disqualified driving offences please contact us on 1300 952 255.  We appear in all courts in South East Queensland from Southport to Gympie.  

 

Published in Legal Blog
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Three High Range Drink Driving Charges

The legislation provides that where a person has two high range drink driving charges (a high range being above .15) and a person is again charged with another high range drink driving charge then the court must impose a sentence of imprisonment (all offences must occur within 5 years).  In those circumstances the question becomes whether the person will actually spend time in jail.  Whilst the legislation says a term of imprisonment must be imposed, there are options other than a person spending time in jail.  Those options are either a wholly suspended sentence or an immediate parole release date.

A wholly suspended sentence involves a person being sentenced to a term of imprisonment but not being required to serve that imprisonment if they keep out of trouble for a length of time, usually 12-18 months.  This way a person can remain in the community with the prison sentence hanging over them for a period of time, if they behave no further action is taken, if they commit an offence that carries a jail sentence then they will be bought before the court to serve the original suspended sentence.

An immediate parole release date is where a person is sentenced to imprisonment but is released from court into the supervision of a parole officer.  They will be required to undertake courses and other programs but if they remain trouble free they will not have to serve the original sentence.

It is critical where a person is facing a high range drink driving charge for the third time that they get immediate legal advice.

 

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either; 

  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
Published in Legal Blog
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High Range DUI

There are three different levels of drink driving for an Queensland open licence driver:

 

Low - .05-.099

Mid - .1-.149

High - .15 and above

 

If you are charged with a high range drink driving charge in Queensland (also known as DUI or UIL) the mandatory minimum disqualification, for a first time offender, is 6 months. Obviously your penalty will vary based on your exact alcohol reading, your traffic history, personal circumstances and the Magistrate handling your case. For more information see our link www.drivinglaw.com.au/services/drink-driving.html

 

Whilst it is a given that someone charged with a high range drink driving charge is going to get a more severe penalty than that of a low or mid-range offender there is also other repercussions that result from a high range drink driving charge.

 

You will not be able to apply for a work licence

 Work licences can only available to low to mid-range drink drivers. Regardless of your situation there is no way around this. There are other requirements you must meet to be eligible. For more information on this please see www.drivinglaw.com.au/services/work-licences.html

 

 

You will be subject to an Alcohol Ignition Interlock Device

Anyone charged in Queensland with a high range drink driving charge (or 2 low or mid-range drink driving charges within 5 years) will be subject to having an alcohol ignition interlock device fitted to their vehicle at the conclusion of their suspension. The alcohol ignition interlock device is similar to a breath test device and is connected to your vehicles ignition. You must blow into with a zero alcohol limit before your vehicle will start. You will need to have the alcohol ignition interlock device for a minimum of 1 year.

The alcohol ignition interlock device needs to be installed by an approved provider and costs vary depending on your vehicle size and if you are a pensioner.  You will incur the costs associated with the rental, installation, servicing and removal of the interlock from your nominated vehicle. 

If at the end of your suspension period you decide not to have an alcohol ignition interlock device installed in your vehicle, you will be unable to drive for a further 2 years from the date your Court suspension ended.

Whilst there are grounds for an exemption, there are few and it is difficult to obtain. Grounds of exemption can be if you are residing in a remote location (over 150kms from an alcohol ignition interlock installer) or living on an island, have a medical condition preventing you from being able to use the device or you have extenuating circumstances. Please note that extenuating circumstances cannot be that you are unable to install the interlock for employment or financial reasons. 

If you are facing a high range drink driving charge it is important to have an experienced Lawyer represent you to ensure you obtain the absolute shortest suspension period and fine possible.

 

Getting legal representation

Here at Clarity Law we represent drink driving charges in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the process and the Magistrates like we do.  We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice.  Every week we appear in Brisbane, Gold Coast and Sunshine Coast courts helping clients with drink driving offences.

For more information visit our drink driving page or call 1300 952 255 7am – 7pm seven days a week

 

Disclaimer:

The information provided is for informational use only, and are in no way intended to constitute legal advice or to create a lawyer-client relationship, and you should not act or rely upon any information appearing in this article without seeking the advice of a lawyer. Moreover, because the law is constantly changing, the information appearing in this article are not guaranteed to be correct, complete, or up-to-date.  Steven and Clarity law only undertake matters in Queensland.

 

Clarity Law's liability limited by a scheme approved under professional standards legislation.

Published in Legal Blog

A QP9 (Queensland Police Form 9 or police court brief) is a document prepared by the Police Prosecutions unit when someone is charged with an offence. The QP9 lists the exact charge with a brief description of the facts which the Police are alleging against you as well as attaching any criminal or traffic history. Depending on what Court your matter is to be heard in, and how busy the Police are, the document will be provided prior to your Court date or at Court.

It is essential to carefully go over the QP9 prior to entering a plea before the Court, as you are not only pleading guilty to the charge but also to all the facts and circumstances surrounding the charge that the Police allege in the QP9, this may include the way you acted towards the Police, things that you said or admitted or information recorded by the Police that you may believe is incorrect or inaccurate. This should be remembered when being charged as harsher penalties or less leniency can apply if the document states that you were rude, unruly, unhelpful etc. Also being aggressive when being charged can easily result in a further charge of resisting arrest or obstructing or assaulting police.

Obtaining the QP9 or having a Lawyer obtain the document for you and having a thorough look over the QP9 before you enter your plea is essential so that if there is any discrepancies they are looked into.

In Court the Police will read out the charge and a brief rundown of their version of events from the QP9. It is then that your Lawyer, or yourself if you are self-represented, can have your say to the Magistrate. If there are significant factors from the QP9 in which you disagree with it may be possible to draft submissions and put them forward to the Police Prosecutions asking them to reconsider the charge or amend what is written in the QP9. A Lawyer can advise you as to the possibility of making submissions and if what the likely chances of the Prosecutor accepting them would be.

Some examples of our success in getting the Police Prosecutions to lower or dismiss charges are:

  • 1.       Our client was charged with dangerous driving whist effected by alcohol and drink driving. A person cannot be charged with both offences, only one or the other. We addressed this with the Police Prosecutions and the result was the charge of drink driving was withdrawn.

 

  • 2.       Our client was charged with unlicenced driving. At the time that the letter had come from Queensland Transport telling our client his licence was suspended our client had been suffering an extremely traumatic string of events. On these grounds we were able to convince the Police to withdraw the unlicenced driving charge.

 

  • 3.       Our client was charged with driving under the influence of drugs, being the higher of the two drug driving charges. Upon receiving the drug analysis certificate and after going over the QP9 document we were able to have the Police agree to downgrade the charge to driving with a relevant drug in the client’s system.

 

In more serious matters it is possible to request a full brief of evidence. This document is like a QP9 but much more detailed and will include any witness statements, CCTV or audio footage. Where applicable it is also possible to request any Police body camera or police vehicle camera footage that may be available.

Needless to say engaging a Lawyer to represent you ensures that all avenues are explored to ensure all aspects are covered and you ultimately receive the absolute best outcome possible.

Here at Clarity Law we appear in the Courts with clients all over South East Queensland. It is this experience that allows us to get the absolute best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the Magistrates like we do.  We also offer the most competitive prices for representation in Queensland click here to see what we will charge.  If you want to engage us or just need further information or advice then Call us on 1300 952 255 seven days a week, 7am to 7pm.

 

 

Disclaimer:

The information provided is for informational use only, and are in no way intended to constitute legal advice or to create a lawyer-client relationship, and you should not act or rely upon any information appearing in this article without seeking the advice of a lawyer. Moreover, because the law is constantly changing, the information appearing in this article are not guaranteed to be correct, complete, or up-to-date.  Steven and Clarity law only undertake matters in Queensland.

 

Clarity Law's liability limited by a scheme approved under professional standards legislation.

Published in Legal Blog