Queensland law 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…

We are asked everyday by people whether they can get a work licence, day licence or special hardship licence if they are disqualified by the courts or about to be. In Queensland there are only two licences to allow a person to drive during a period of licence disqualification or suspension, these are work licences and special hardship licences. A work licence is only available to people who are charged with a drink or drug driving offence and need to drive for work purposes. The Government however only allows certain people to apply for a work licence. To apply for…

Often people are completely overwhelmed by the thought of attending the Brisbane Magistrates Court for a drink driving or DUI charge. In Australia these types of matters are never televised and so people often have no idea what the process will be like or worse think it will be something like the American process they have seen on TV. This article gives some idea what a typical Court appearance will be like for an unrepresented person in the Brisbane Magistrates Court. It is important however to note that in almost all cases having a Lawyer represent you will result in…

A high range drink driving is one of the most serious charges a person who has likely never been to court in Queensland can commit. There are three different levels of drink driving for a Queensland open licence driver: Low Range .05-.099 Mid Range .1-.149 High Range .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 and the court can impose a disqualification of anything up to an absolute disqualification. Obviously your penalty will vary…

We often get calls from people needing a special hardship licence for work purposes who also desire to be able to drive their children to school or other activities under that hardship licence. First a bit of background, a special hardship licence or special hardship order is a licence that may be available to people who exceed their demerit points, elect to go on a 12 month good driving behaviour period and then during that period incur further demerit points. In those circumstances unless a person applies for a special hardship licence then they will have their licence suspended for…

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…

Whist careless driving (also known as driving with undue care and attention) and dangerous driving charges can result from similar circumstances this is not the case with the penalties with the potential penalty for dangerous driving being much more serious. Both charges can be accompanied with a drink or drug driving charge if the driver tests positive. Careless driving is the less serious of the two charges as it is traffic charge, not a criminal charge, although it can still be punishable with a jail sentence. Depending on circumstances it is possible to obtain a result of no disqualification being…