Traffic offences in Queensland include everything from failing to give way to dangerous operation of a vehicle.
The number of possible charges, and the range in severity, make traffic law a complex and sometimes confusing area to navigate without the assistance of an experienced legal representative.
A traffic offence can have a long lasting impact on you and your family. The penalties range from fines to imprisonment, and you may be subject to civil proceedings to recover the costs of damage caused during the incident. There may also be an impact on your licence. This can be particularly stressful for you and your family if you need your licence to earn a living.
It is important that you seek legal advice as soon as possible after the incident. This will ensure that you understand your rights and obligations, and your options in progressing the matter. We will talk you through the process, and give you all of the information you need to make an informed decision about your matter.
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Drink Driving Charges
Drink driving is a serious offence in Queensland and being charged can have a long lasting impact on you and your family. It is important that you receive legal advice as soon as possible, to mitigate the impact of the charge on your future.
Do I have to go to Court?
If you have been charged with drink driving, you will likely be issued a Notice to Appear by the Queensland Police Service. You must attend Court on the date provided on the Notice to Appear. Failure to appear at Court is an offence, and a warrant may be issued for your arrest.
What are the ranges for drink driving offences?
The penalty you will receive for drink driving is dependent on several factors, including your Blood Alcohol Concentration (BAC). Your BAC is the amount of alcohol in your system, measured by calculating grams of alcohol per 100ml of blood. Your BAC will be obtained by the arresting officer through a breath test or blood test.
There are several drink driving offences, and your BAC will determine which offence you are charged with. The categories of offences are:-
- Low Range – BAC reading of 0.05 to 0.09
- Mid Range – BAC reading of 0.10 to 0.14
- High Range – BAC reading 0.15 or above
There is also an offence of driving while over the no alcohol limit and under the general alcohol limit (BAC 0.01 to 0.04). This offence will only occur if your licence is subject to a condition that prohibits you from having any alcohol in your system when driving. A probationary licence is an example of a licence that requires the holder to have no alcohol in their system when driving.
What is the penalty I will receive?
The penalties for drink driving include the imposition of a fine or term of imprisonment and license disqualification. The penalty you receive will depend on your Blood Alcohol Concentration (BAC) and whether you have been convicted of a similar offence in the five years prior to offending.
Will my licence be disqualified?
There are mandatory disqualification periods for drink driving offences in Queensland. This means that you will lose your licence automatically when you are convicted of a drink driving offence, as the Court does not have discretion to allow you to keep your licence in these circumstances.
However, the period of disqualification is at the discretion of the Court. It is therefore important you obtain experienced legal representation to ensure the lowest period of disqualification is imposed.
Can I get a work licence?
You may be eligible to obtain a work licence (called a Restricted Licence) to allow you to keep driving for work during your period of disqualification. Please contact us to see if you are eligible for a Restricted Licence.
What should I do if I have been charged with drink driving?
Why it’s important to get advice
There is always a range in the severity of penalty that could be imposed, even in matters where a period of mandatory imprisonment applies. The presiding Judge or Magistrate has discretion and will impose a penalty that is appropriate in your circumstances.
We can assist by ensuring the presiding Judge or Magistrate has all of the relevant information, and is aware of your particular circumstances and mitigating factors. This can result in you having a lesser penalty imposed.
Don’t risk your licence or your livelihood
CONTACT US FOR ADVICE OR REPRESENTATION
The information contained on this website provides a general overview of criminal law and traffic matters. The information provided is not specific to your matter, and is not legal advice. You should seek legal advice from your lawyer to ensure you understand your rights and obligations, and your options to progress your criminal or traffic matter. The information provided on this site is not a substitute for legal advice. If you would like legal advice about your matter, please contact our office on (07) 4963 2000 or via our online contact form.