Clarity Law - drivinglaw.com.au

South East Queensland's most experienced traffic law firm

Brisbane Court

  • Brisbane Court

     

    Facing a traffic charge in Brisbane and need to know how a drink driving, drug driving, dangerous driving or other traffic matter might be heard in Brisbane Magistrates Court?

     

    Location

    The Brisbane Magistrates Court is located at 363 George Street, Brisbane. The court is the main Magistrates Court in Queensland and contains 26 courtrooms. It is separate to the Brisbane Supreme Court and Brisbane District Court as well as the Magistrates court at Roma Street.

     

    Contact Details

    363 George Street

    GPO Box 1649

    Brisbane Qld 4001

    Business hours

    8.30am to 4.30pm, Monday to Friday

     

    Phone                  1800 325 085

    Fax                        (07) 3247 5669

    Email                    This email address is being protected from spambots. You need JavaScript enabled to view it.

     

    Facilities

    Toilets

    Meeting rooms

    JP Service

     

    Map

    https://goo.gl/maps/3ToS8gMfnAqJCpqk8

     

    Types of matters heard at Brisbane Court

    Traffic matters

    Drink Driving

    Drug Driving

    Dangerous Driving

    Disqualified Driving

    Evading police

    Careless Driving

    Unlicensed Driving

    Work Licences

    Special Hardship Licences

     

    Parking

    There is no public parking at the court. Both Roma Street station and Central station are within walking distance to the Brisbane Magistrates Court.

     

    Magistrates

    The current list of Magistrates at Brisbane are;

    Magistrate Elizabeth Hall
    Magistrate Noel Nunan
    Magistrate Tina Previtera
    Magistrate Anne Thacker
    Magistrate Judith Daley
    Magistrate Annette Hennessy
    Magistrate Linda Bradford-Morgan
    Magistrate Christine Roney
    Magistrate Bronwyn Springer
    Magistrate Suzette Coates
    Magistrate Michael Quinn
    Magistrate Anthony Gett
    Magistrate Colin Strofield
    Magistrate Jacqueline Payne
    Magistrate Belinda Merrin
    Magistrate Penelope Hay
    Magistrate Graham Lee
    Magistrate Andrew Moloney
    Magistrate Rosemary Gilbert
    Magistrate Julian Noud

     

    Arriving at Court

    Brisbane has a security screening point. You will need to go through security first. Once through security there is an electronic sign with the names of everyone in the court that day and which court they are in. There are also staff to assist people to find the correct court.

    On any given day usually both Courts are operating and might be assigned to hear criminal and/or traffic matters, trials, civil disputes, DVO or children’s Court matters.  The Court publishes a calendar each year that sets out when they hear matters.  That can be accessed through this link  www.Courts.qld.gov.au/daily-law-lists/Court-calendars    In addition to the Court calendar each day there is a list of made of each person appearing in Court and what Court room they have been assigned.  This is known as the daily law list and can be accessed online using this link  https://www.courts.qld.gov.au/__external/CourtsLawList/BrisbaneMagCourt.pdf or otherwise there is a list of all matters in the Court that day as you pass through security. 

     

    Example on how a matter might be heard

    Let's take the example of a drink driving charge, these can be heard in the Brisbane Court Monday through to Friday.  The Court would allocate a Magistrate to hear traffic matters and criminal matters that day and if you were charged with an offence you would proceed to the nominated Court room at the Court there is a police prosecutor who prosecutes the matter on behalf of the police service, this will not be the arresting officer that you were charged by but an independent police prosecutor.   The prosecutor will provide you with what is known as be Police Prosecutors Court Brief (everyone calls it a QP9), we have a dedicated article on that and that can be read at

    The QP9 sets out what the police say occurred in regard to the drink driving charge and will have attached to it;

    1. The breath or blood analyst certificate
    2. Any traffic history
    3. Any criminal history

    The police prosecutor will then ask the person what they want to do.  There are three options that is;

    • Plead guilty
    • Plead not guilty
    • Seek to adjourn the matter to a different date possibly to obtain legal advice

    If the defendant notices any factual inaccuracies in the QP9 after they looked through it then they would need to alert the police prosecutor.  In most cases unless the inaccuracy is minor the matter would need to be adjourned so that the prosecutor can look into the issue.

    If the defendant decides the QP9 is correct then they will take a seat in the Court, generally what happens is matters are heard in the order of adjournments with lawyers, guilty pleas with lawyers, unrepresented adjournments and then guilty plea for unrepresented people.

    The Court eventually get to the defendant’s matter and they will be called to the bar table which is the long table in the middle of Court with the police prosecutor the right hand side and the defendant at the left-hand side.   The Magistrate will read out the charge and ask the person to plead guilty, not guilty or ask if they are seeking an adjournment.  In this example of a guilty plea to a drink driving charge the defendant would enter a guilty plea and ultimately they would sit down and the police prosecutor will read out from the QP9 and tell the Magistrate what happened and the hand up any traffic or criminal history the defendant may have.  The Magistrate will then invite the defendant to make comments about the facts and to give them some idea of their situation so they can set a penalty for drink-driving charge.  It might be factors such as what a person does for a living how the loss of license will impact them.   The Magistrate may require a defendant to address the previous history especially if it is lengthy or has similar offences on it.  Once the Magistrate is convinced to have all the necessary information, they will then seek to impose a penalty.   It is important to note the Court does have a duty lawyer service but for drinking drug driving charges and other traffic matters where the risk of imprisonment is not high the duty lawyer will not be able to represent a person.

    We also have an in-depth article on how a drink driving charge is heard in the Brisbane Magistrates Court, this article van be found here plus a more general article on how drink driving matters are heard.

     

    Do you appear in Brisbane Court?

    Yes, we act for people charged with offences and appearing in Brisbane Magistrates Court on an almost weekly basis and have done so since 2010. 

     

    Our local office

    Brisbane

    Level 1, 16 McDougall Street Milton

    Phone: 0730677017

     

    How do I get more information or engage Clarity Law to act for me? 

    If you want to engage us or just need further information or advice then you can either;

    1. Use our contact us form and we will contact you by email or phone at a time that suits you
    2. Visit our website at www.drivinglaw.com.au
    3. Call us on 1300 952 255 seven days a week, 7am to 7pm
    4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.
  • DUI & Drink Driving Lawyer Brisbane

     

    Thank you for considering engaging Clarity Law as a possible traffic law firm for your DUI or Drink Driving charge in Brisbane.  We have been representing people charged with DUI and Drink Driving charges in the Brisbane courts since 2010 and we are very familiar with every Magistrate that sit in Brisbane and the surrounding courts.  People are often worried about their reputation, what will occur in court and what effect a drink driving charge will have on their future.  Engaging Clarity Law for a drink driving charge will show the court that you are taking the charge seriously and want the best outcome.  We are one of the most experienced drink driving lawyers in Brisbane.

    We have a dedicated drink driving page with all the information you will ever need to know about drink driving, that can be seen by clicking here.

     

    Engaging a lawyer in Brisbane for a drink driving charge

    Engaging a traffic lawyer is a difficult decision, you need to be sure the traffic law firm you engage is both reputable, experienced and that you have certainty of your legal costs and the traffic lawyer they assign to your case is knowledgeable in the Brisbane Courts and knows what each Magistrate wants.  At Clarity Law we have appeared in the Brisbane Magistrates Court thousands of times representing clients charged with drink driving or a DUI.  We also have fixed prices so you can be sure of your legal costs.

     

    I am charged with drink driving but need to drive during any disqualification

    It may be possible for you to apply for a work licence if you held an open licence at the time of the offence, are charged with low or mid-range drink driving and had no suspensions of your licence in the last 5 years but this must be done at the time you appear Brisbane to plead guilty, it cannot be done afterwards.  You cannot apply for a work licence if you are charged with high range drink driving (driving under the influence). Please see our section on work licences for further information or check out the most comprehensive guide to apply for a work licence on the internet.

    A work licence only allows you to drive for work purposes you cannot get a work licence or hardship licence to be able to drive for person reasons i.e. driving your children to school.  In Queensland a period of disqualification must be imposed and so if personal driving is critical all you can do is try and minimise the disqualification period as much as possible.

    Well thought out submissions and arguments before a Magistrate can in our experience significantly reduce the length of your disqualification.  There are a number of factors that can lead a Brisbane Magistrate to impose the lowest penalty possible, we know them all.

     

    I wasn’t driving the vehicle but I was arrested for being in charge of a motor vehicle

    You can be charged with drink driving being in charge of a vehicle if you had control of the motor vehicle for example if you were in the driver’s seat and had the keys near you even if you were not driving or had no intention of driving.  Often this occurs when people are in the car waiting to be picked up, in the car wanting to find something or just sleeping.

    It does not matter that the car was not on a road.  You can be charged with drink driving even if the car was on private property such as a car park or driveway.

     

    Are there defences to a drink driving charge?

    Most defences to a drink driving offence have now gone.  The police must conduct the breath or blood test within 3 hours of you driving and it must be conducted in accordance with the law.

    If you are charged with a failure to provide a breath sample then it is a defence to this charge to prove that due to a physical condition you were unable to provide a sufficient specimen of breath.  This is a very technical area of the law and if you think you have a defence you should contact us.

     

    Will I get a criminal record?

    No all traffic convictions are just that, traffic convictions, they are not considered to be criminal charges.  The Courts are unlikely not to record a conviction unless specific evidence is placed before it that a traffic conviction will harm you in some way.  It should be noted however that overseas travel may be more difficult or impossible if a conviction for a DUI is recorded, especially to Islamic countries or the United States or Canada

     

    What will happen in Court?

    We have a great article on appearing in Brisbane Court for drink driving charge that will give you more information.

    In general terms, drink driving matters are dealt with “summarily”, which means that they are dealt with in a Magistrates Court.  The Brisbane Magistrates Court has a dedicated courtroom that only deals with traffic matters like drink driving, drug driving, disqualified driving etc. When you are charged, the police will give you a notice to appear in court or give you bail to appear in court on a specific date.  The notice to appear will likely be for Court 35 at the Brisbane Magistrates Court.


    In addition to the date, you will also be advised of what time you must be at court. Generally, you will be told to be at court at 8.30am or 9.00am. While you must be at court at this time, your matter will not be heard immediately. Instead, the court and the police prosecutor work together to decide the order in which matters will be heard that day.  As a rule, anyone who has legal representation will be heard first, followed by everyone who is representing themselves.

     

    When does the disqualification begin?

    The disqualification starts immediately.  You would not be able to drive once you leave the Court.  If your licence was immediately suspended because you were a mid or high range drink driver then the court will take into account the time you have been suspended but the disqualification period the court sets starts from the court date.

     

    Will I need to fit an Interlock to my car?

    You will be required to have an interlock device fitted to your vehicle for the period of one year once you are eligible to obtain your driver’s licence back if you are charged with high range drink driving (DUI or UIL) or this is your second drink driving charge within 5 years.  The Court has no discretion to exempt you from an interlock if this applies to you as it is a Queensland Transport licencing requirement.  This is an area that is subject to constant change, for more information visit their website.

     

    What happens after my disqualification period?

    After the period of disqualification has ended you will need to attend Queensland Transport and reapply for your licence.  You cannot simply start driving after your disqualification period has ended.  

    After you have been disqualified for a drink driving offence you will be on a probationary licence for one year, this means that;

    1. You have only 4 demerit points available
    2. You have a zero alcohol limit for 1 year

    You do not have to re-sit any tests to get your licence back if you were licenced at the time of the offence.

    During your disqualification you cannot drive any motor vehicle for any reason.  If you do drive then you can be charged with disqualified driving which is a very serious charge.

     

    Where is the Brisbane Magistrates Court?

    There are lots of courts located in Brisbane.  If you have been charged with drink driving then you will be in the Brisbane Magistrates Court located at 363 George Street Brisbane.  Court 35 on level 7 is the usual court that hears drink driving matters.

    There is no parking onsite but Roma Street Station and Central Station are close.  If you need to drive we have found the King George Square carpark the best.

     

    Brisbane Magistrates Contact Details

    Phone 1800 325 085

    Email This email address is being protected from spambots. You need JavaScript enabled to view it.

     

    Should I get a Drink Driving Lawyer to represent me?

    In a word, yes this is not an offence where you should simply turn up to the Brisbane Magistrates Court without a lawyer.  The consequences and penalties the Court may impose are too serious not to seek to minimise the penalty by having a drink driving lawyer with you.

    If you have a bad traffic history, have previously been convicted of drink driving or are charged with mid or high range drink driving offence then a DUI or drink driving Lawyer is critical.  We get 3-4 calls a week from people who represented themselves in court and received extremely harsh penalties and need to try and appeal the result.  In most cases an appeal is not possible or if it is will cost a huge amount for the legal fees.  It is better to have a lawyer from the start to minimise the drink driving penalty.

     

    What Courts we appear in

    We appear in the following Magistrate Courts in the Brisbane region for DUI and Drink Driving charges;

    Brisbane

    Holland Park

    Cleveland

    Wynnum

    Pine Rivers

    Richlands

    Beenleigh

     

    Our Local Office

    Brisbane office location

    Bluedog Business Centre

    Level 1, 16 McDougall Street, Milton 4064

    Phone: 0730677017 

    Please always phone ahead to book an appointment, due to COVID we can’t accept walk in clients at the current time.

     

    Our Lawyers

    Every one of our lawyers is extremely experienced appearing in the Brisbane Courts every week representing people on a huge range of traffic DUI and Drink Driving charges.

    Steven Brough

    Russell Tannock

    Lucy Ferguson

    Jacob Purden

    Belinda Smyth – Client Services Manager

    Between our lawyers we have appeared in court thousands of times representing clients with drink driving charges throughout Brisbane.

     

    Our Experience

    Since 2010 we have been representing people throughout the Brisbane region who have been charged with a DUIor Drink Driving charge and need a good traffic lawyer to represent them.

    Our client often come to us nervous, worried and needing answers.  This is not a time for uncertainty over your future nor the costs you will pay.

    We strive to give you immediate comprehensive advice and a fixed fee so you can be sure of your legal costs and whether you qualify for a work licence.

    We are upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you.  Clarity Law on the other hand are happy to list our prices as we are sure no other Brisbane law firm can match our prices and experience. While we will never be the cheapest we do offer the best value in our opinion.

    Our prices include;

    • full preparation for court and devising strategy to minimise penalty
    • negotiations with the police prosecution unit including obtaining traffic history and charge documents
    • drafting submissions for the court
    • advising you on how to obtain character references
    • all telephone calls, faxes emails and meetings with you
    • detailed information to you on the likely penalty and information on what will happen at court and afterwards
    • appearing in the court with you to conduct your guilty plea

    To see what we will for a guilty plea for a criminal charge click here.  If you are wishing to plead not guilty or the charge is very serious we will provide a fixed price written quote.

     

    What areas of traffic law we undertake

     

    Why should I choose you and not just represent myself?

    Just some reasons include;

    1. we know the Magistrates and what they want to hear to give you the lowest disqualification period and penalty
    2. we have good relationships with the police prosecutors meaning we can often have them support a work licence application or minimum disqualification submission
    3. we are there to help you through the process and make everything as stress free as possible, in most cases you will not have to say anything in court
    4. engaging us shows the court you are taking your charges seriously
    5. your matter will be heard early, often first, you do not have to wait for 20-30 other matters to be heard before you
    6. you will be fully informed of what is to happen in court and what this means for you after court
    7. unlike the police or the magistrate, we are there to look after you, your privacy and your interests

     

    Links that may be of assistance

    Client Testimonials

    Link to our Blog

    FAQ’s

    List of Queensland Courts and their contact details

    Daily list of Matters in Brisbane Courts

    List of Brisbane Magistrates

    List of Court Calendars for Brisbane Courts

     

    How to get in Contact with us if you need a Brisbane Lawyer?

    If you want to engage us or just need further information or advice then you can either;

    1. Use our contact form and we will contact you by email or phone at a time that suits you
    2. Call us on 1300 952 255 seven days a week, 7am to 7pm
    3. email This email address is being protected from spambots. You need JavaScript enabled to view it.

     

    If I contacted you what would occur?

    If you contact us then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email. They have 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your drink driving charge, all at no cost.

    If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with thousands of courts appearances between them and they know the Brisbane courts and the Magistrates and Judges.

     

    More Drink Driving Information