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Clarity Law

Specialist Traffic Law Firm Queensland
Legal Blog
Many people would be aware of the drink driving penalties that Queensland courts will impose like fines and periods of disqualification. What perhaps is less well known is some of the other “costs” of a drink driving charge, some of those costs are financial, some of them are things that can affect a person's employment or the ability to drive even when the disqualification period has ended. Let's take a closer look at some of the less well-known costs that flow from a drink driving conviction. Insurance costs Most insurance policies such as car insurance carries with it an obligation…
Last modified on Monday, 03 July 2023 17:52
Sunday, 02 July 2023 14:26

Why section 10 does not apply in Queensland

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In New South Wales there is a particularly powerful provision under the Crimes (Sentencing Procedure) Act 1999 that is section 10, that section provides the court may discharge an offence after a person is found guilty or pleaded guilty to court despite the fact that offence has been admitted or has been proven correct. It's important to note that section 10 only applies to charges in New South Wales and doesn't apply in Queensland but do we have something in Queensland that is similar? Why does section 10 exist? Section 10 was set up in New South Wales so that…
Last modified on Monday, 03 July 2023 14:36
Over the past few years we have seen a steady increase in the amount of clients charged with drink driving the morning after they drank. This is in part because of extra testing now carried out by the police in the mornings and also people's lack of knowledge on how alcohol is absorbed by the body while they are asleep. Why are there an increasing drink driving charges for drinking the night before? There is of course no way in which you can accurately know how much alcohol is in your system. Portable drink driving testers will give a general…
You’ve been pulled over, tested and charged with a drink or drug driving offence and it’s now your court date. You arrive to the Southport Magistrates Court at 8.30am and stand in line to be searched through security. Representing yourself You look for your name on the board in the lobby and make your way to where all matters start in Southport, Court 1. You will go in, check in with the police prosecutor or their assistant and get asked: are you pleading or adjourning the matter? If you are not legally represented, you will be in for a wait…
Last modified on Monday, 26 June 2023 15:44
Are you wondering what steps to take after being arrested for drink or drug driving in Queensland? Read this informative article and discover the necessary actions to safeguard your rights and navigate the legal process. Introduction Getting arrested for drink or drug driving can be a distressing and overwhelming experience. It is crucial to know what steps to take next to protect your rights and ensure a fair legal process. In this article we will discuss the necessary actions you should consider after an arrest. For residents of Queensland seeking professional assistance, we recommend consulting a reliable traffic law firm…
Last modified on Thursday, 25 May 2023 16:49
If you plead guilty to a drink driving charge in Queensland are you pleading guilty to a criminal offence and will a criminal conviction be recorded? In other words Is drink driving a criminal offence in Queensland? What are criminal offences in Queensland? In Queensland we have 4 levels of offences, Crimes Misdemeanours Simple Offences Regulatory offences Crimes are the most serious, misdemeanours are less serious and the least serious is simple offences and regulatory offences. Technically criminal offences comprise crimes, misdemeanours and simple offences but not regulatory offences. Section 3 of the Criminal Code sets out the distinctions between…
Last modified on Tuesday, 13 February 2024 19:10
Drug driving is a serious offence that can have significant consequences for both the driver and other road users. In Queensland, drug driving is a criminal offence that carries severe penalties, including fines, licence disqualification, and possible imprisonment if someone has been injured in an accident. This article will provide an overview of first-time drug driving offences in Queensland, including what to expect if charged and possible defences against the charges. Introduction Drug driving refers to driving a vehicle while under the influence of drugs, including illegal drugs and prescription medication. Drugs can affect a driver's ability to operate a…
Last modified on Tuesday, 23 May 2023 16:45