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Legal Blog (33)
Sunday, 08 September 2019 13:05
What happens after your drivers licence is disqualified?
Written by Steven Brough
If you appear in a Queensland court charged with a traffic offence such as drink driving, drug driving or dangerous driving and plead guilty or are found guilty then the court will likely disqualify your drivers licence (many offences such as drink driving and drug driving carry mandatory minimum periods…
Thursday, 04 April 2019 12:03
Time Limit Change for Special Hardship Orders
Written by Steven Brough
Recent changes to the legislation covering special hardship orders (SHO) will increase the amount of people who can apply in Queensland. Currently people who elect to go on a good driving behaviour period after accruing too many demerit points and then exceed the demerit points on that driving behaviour period…
In Queensland, it is an offence to fail to provide a specimen of breath, or saliva for the purposes of determining a person’s blood alcohol concentration. Strictly speaking, there are two types of offences for failing to provide a specimen of breath or saliva. The first offence occurs when a…
Friday, 16 February 2018 13:35
Can you commit a drink driving offence in your driveway?
Written by Steven Brough
There seems to be some amount of confusion as to whether or not you can commit a drink driving charge in Queensland within a private are such as your driveway, or in a, say a private place such as a car park. We are often contacted by people who believe…
Drink driving legislation in Queensland now provides that any person who is charged with a drink driving offence that is a mid-range or high-range offence will immediately lose the ability to drive. Those persons who have a low-range drink driving charge only have a 24-hour prohibition on driving after being…
Wednesday, 31 January 2018 14:29
Case Study - High Range Drink Driving and Disqualified Driving
Written by Steven Brough
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…
Thursday, 07 September 2017 13:11
Defences to a Disqualified Driving charge
Written by Belinda Smyth
Disqualified driving is an extremely serious traffic charge in Queensland. The Courts are particularly hard on these types of offences as to be charged with disqualified driving you must have already been disqualified by a court. Disqualified driving is the most common traffic offence that causes people to be sentenced…
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…