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Tuesday, 17 January 2017 11:17

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
Wednesday, 06 July 2016 16:41

DUI Charges

When most people hear DUI they usually associate it with a drink driving charge. Whilst this is correct, as DUI stands for ‘driving under the influence’ it can in fact relate to either a drink or drug driving offence.

 

There are three levels of drink driving charges, being

 

Driving with a low BAC (blood alcohol concentrate) reading of between .05 and .099. This charge carries a mandatory minimum of a 1 month suspension of your licence (for an open licence holder).

 

Driving with a mid BAC (blood alcohol concentrate) reading of between .1 and .149. This charge carries a mandatory minimum of a 3 month suspension of your licence.

 

Driving under the influence (“DUI”) of alcohol charge is a result of a reading of .15 or above. This charge carries a mandatory minimum of a 6 month suspension of your licence.

 

A DUI drug charge means that you were charged with ‘driving under the influence of drugs’. Drug tests search for traces of THC (active ingredient in marijuana), MDMA (speed or ecstasy) and methamphetamine.

 There are two levels of drug driving charges, being

 

Driving with a relevant drug present in your system

This charge is issued when a drug test indicates there is drugs present in the driver’s system but they appear to be unaffected by the drugs or substance. If you are charged with this your driver’s licence will be suspended for a period of 24 hours. This charge carries a mandatory minimum of a 1 month suspension of your licence (for an open licence holder).

 

Driving under the influence of drugs (“DUI”)

This charge is issued when a drug test indicates there is drugs present in the driver’s system and/or the driver appears to be affected and impaired by drugs. This will be ascertained by the driver’s appearance (eyes, facials expressions etc), behaviour and mannerisms. If you are charged with this your driver’s licence will be suspended immediately. This charge carries a mandatory minimum of a 6 month suspension of your licence. Whilst if you are sentenced to in excess of this period the Magistrate can take into consideration the length of time you have already had your licence suspended, if you receive the minimum of 6 months, this period will be served in full from your Court date.

 

Driving under the influence of drugs can be a result of illegal drugs, synthetic drugs (designed to mimic the effects of illegal drugs) prescription drugs (Xanax, Valium) and even some over the counter medical prescriptions.  Anytime that you are effected by a substance which alters your abilities in any way you could be charged with driving under the influence of drugs.

A roadside drug test is simply an oral swab which is tested immediately and will indicate if there is traces of drugs in your system. If the test indicates the presence of drugs you will need to undergo another drug test which is sent to a Government laboratory for testing.  You will receive a drug analysis certificate when it is available from laboratory testing. If your roadside drug test indicates no drugs in your system, the Police are still able to order you to undergo a blood test if they believe you are under the influence of a drug or substance.

We have been successful in the past in having some drug DUI charges downgraded to driving with a relevant drug in the drivers system by in putting forward to the Police Prosecutions submissions giving reasoning and information as to why the client should not have been charged with a drug DUI and have only received a driving with the relevant drug in their system charge.

Whilst with alcohol there are rough guidelines to how long the alcohol will take to be processed and out of your system there is no such recommendation for how long drugs may stay in a person’s system for. Many people find themselves being charged with driving with drugs in their system long after they have consumed or ingested drugs. Because each person responds to the consumption of drugs in a different manner based on their personal chemistry, past use, type of drug taken, amount of drug consumed, height, weight and other factors, unlike alcohol consumption there is no way in when to tell when the drugs have left your system.

It is important to note that you do not have to be driving your vehicle to be charged with a drink or drug driving offence, you could be charged if you are merely sitting in the driver’s seat.

Charges of low or mid BAC or a driving with a relevant drug in your system, depending on your circumstances and previous traffic history, can allow you to apply for a work licence to be issued to you for the duration of your suspension period. An alcohol or drug DUI charge however eliminates this option.

Here at Clarity Law we represent people charged with drink and drug driving offences 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.  If you want to engage us or just need further information or advice then you can either;

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

 

Disclaimer – this article contains general advice only and is not intended to be a substitute for legal advice.  We are also not health professionals and our observations on drink driving and what effects a person’s BAC reading is based on our knowledge of representing thousands of drink driving client’s overs the past 15 years and not any specific medical training.

Published in Legal Blog
Sunday, 01 November 2015 11:30

Driving under a police suspension

Depending on your blood alcohol concentration (BAC) reading or drug driving status and what type of class licence you hold, in Queensland your licence may be suspended for 24 hours after you are charged with drink or drug driving or until your Court date.

 

Drink driving charge

For a driver on an open licence with a low range drink driving charge, between .051 and .099, you will usually be suspended for 24 hours, for a mid-range or higher (being anything over .1) you will usually be suspended up until your Court date.

The police will need to serve a notice of suspension on you and this notice will specify the length of the suspension.  

 

Drug driving charge

For drug driving generally if you are charged with having a relevant drug in your system you will be suspended for 24 hours, however if you are charged with driving with a relevant drug in your system you will be suspended up until your Court date.

 

It is a small comfort to know that, in circumstances where you are suspended until your Court date, the time in which you are charged and therefore unable to drive up until your matter is dealt with by the Court will be taken into consideration by the Magistrate when sentencing you. For example, if your Court date is a month after you are charged the Magistrate will take this into account and usually sentence you to a month less than they would have if you had been able to drive since you were charged. 

 

Driving during your suspension

If you are caught driving during your suspension period, being either the 24 hours after your charge or up until your Court date, the charge will be treated the same as a disqualified driving charge and will result in a mandatory minimum 2 year disqualification of your licence.

Further, whilst multiple traffic charge disqualification usually run concurrently any drink or drug driving charges will run cumulatively with any other driving charges.

We have numerous clients who are charged with a drink driving offence, and subsequently are suspended who leave the Police Station and go directly to their car to drive it home. Police are well aware that a lot of people do this and monitor it. The consequence are extreme and can result in, depending on the initial BAC or drug status charge a further drink or drug driving charge as the alcohol and/or drugs are still in the drivers system, as well as a mandatory cumulative suspension time for the disqualified driving charge. 

Regardless of your situation and circumstances absolutely nothing can be done to obtain less than a minimum of 2 year disqualification for a suspended driving charge.

Another consequence of being charged twice in one night with drink driving is that you will then, at the end of your disqualification period be subject to an interlock system.

If you are sentenced by the Court for in excess of 2 years, after you have served the minimum 2 years you are able to apply for a licence reinstatement application. You should engage a Solicitor to undertake the application on your behalf as you are only allowed to apply once per year.

 

 

Here at Clarity Law we appear several times a week in the Courts with people charged with drink driving, it is this experience that allows us to get the best result for clients, every time.  Other law firms simply don’t have the experience that we do and don’t know the Magistrates like we do.  We also offer one of the most competitive prices for drink driving charges in Queensland click here to see what we will charge.  If you want to engage us or just need further information or advice then you can either;

  • Use our contact form
  • Call us on 1300 952 255 seven days a week, 7am to 7pm

 

This article is written by Steven Brough one of Queensland’s most experienced traffic lawyers and contains general advice only not legal advice.   

Published in Legal Blog