Drink Driving Cleveland | Get the Best Traffic Lawyers

Learn all about drink driving charges in Cleveland Court from Clevelands leading drink driving lawyers.

 

Thank you for considering if Clarity Law might be a good firm to assist you with your Drink Driving charge in the Cleveland Court.  We know this is a very difficult and stressful time and you need to be sure any drink driving lawyer you hire is experienced with  Drink Driving charges in Cleveland and Redlands and just as importantly one you trust.

We do understand if you have a DUI or Drink Driving charge in Cleveland Court whether it is high range or mid or low range that you need immediate solid advice on your options and whether you could apply for a work licence.  We also understand you want a lawyer that will communicate with you and not just take you money and not return your calls or emails.  Finally you need to know what your costs will be and that is why all of our prices are fixed and are listed clearly on our website, there is no hidden fees or extra costs. 

Also in most circumstances you won’t need to physically meet with us until the court date, we can do everything by phone, zoom and email and have done so successfully for thousands of clients.  We really hope that if you need a drink driving lawyer in Cleveland you will consider engaging us.

 

Drink Driving in Cleveland, Queensland: Your Guide to Understanding the Law, Penalties, and Navigating the Cleveland Court System

When you find yourself facing a drink driving charge, the experience can feel overwhelming. Not only are you dealing with the stress of the charge itself, but you also must navigate the complex legal system and potentially appear in court. Understanding the law and penalties associated with drink driving in Cleveland, Queensland is vital, and having a local lawyer by your side can make a significant difference to your case's outcome.

 

Types of drink driving

In Queensland we have 4 types of drink driving charges, these are;

  1. Over the no alcohol limit (BAC over 0.00 but under 0.05)

  2. Over the general alcohol limit (BAC over 0.05 but under 0.10)

  3. Over the middle alcohol limit (BAC over 0.10 but under 0.15)

  4. Over the high alcohol limit (BAC over 0.15)

 

What happens after you’ve been caught drink driving in Cleveland?

If you are caught drink driving your licence will be immediately suspended for 24 hours. This means you are not able to drive for that period and if you do you risk being charged with driving while suspended and a further charge of drink driving.

If you are charged with any of the following drink driving offences your licence will be immediately suspended until your matter is finalised in court:

  • Drink driving with a reading over 0.10 (mid or high range)

  • Failing to provided a breath or blood specimen

  • A second charge of drink driving while there is a drink driving charge still before the courts

In certain circumstances, it is possible to apply for a special licence which will allow you to drive before your matter is finalised in court. This is called a section 79E order and is only available to people charged with drink driving who hold an open licence. You are not able to apply for a section 79E if you hold a provisional or learner’s permit or you already have a charge for drink driving still before the courts.

 

What are the possible penalties the Cleveland court can impose for drink driving?

In Queensland, it's mandatory for individuals charged with drink driving to lose their license. The Cleveland court doesn't have the discretion to decide otherwise, though there are circumstances where one can apply for a work license.

The duration of licence disqualification in Cleveland depends on several factors:

  1. Blood Alcohol Concentration (BAC) reading.

  2. Whether an accident occurred.

  3. Presence of passengers in the vehicle, especially children.

  4. Purpose of driving (e.g., urgent necessity or knowingly driving over the limit).

  5. Traffic and criminal history, particularly previous drink driving offenses within the last five years.

  6. Personal and work situation, including the impact on family and employment.

  7. Completion of a driving course like QTOP before the sentencing date.

  8. Whether you have an experienced drink driving lawyer acting for you.

Additionally, the involvement of different magistrates can influence the penalty, although there's an effort for consistency across Queensland. However, individual magistrates may have varying perspectives, highlighting the importance of legal representation familiar with the nuances of each court.

 

The table below sets out the disqualification ranges and maximum fine the court can impose for a first offence.

BAC

Disqualification period

Maximum fine

Over the no alcohol limit (BAC over 0.00 but under 0.05)

3-9 months

$1929

Over the general alcohol limit (BAC over 0.05 but under 0.10)

1-9 months

$1929

Over the middle alcohol limit (BAC over 0.10 but under 0.15)

3-12 months

$2757

Over the high alcohol limit (BAC over 0.15)

Minimum 6 months

$2859

 

What can I do to minimise the penalty?

You should always engage an experienced  traffic lawyer to represent you if you are charged with drink driving in Cleveland.  Your lawyer can work out what things you need to do to reduce your penalty especially considering what Magistrate might be hearing your case.  In general we have found the following things useful in trying to reduce the penalty:

  • Character references
  • Attending a driving course like Queensland Traffic Offenders Program (“QTOP”).  We are a proud sponsor of QTOP and believe it is one of the most powerful things people facing a high range drink driving charge can do before their court date.
  • If you have any alcohol or mental health issues then obtaining appropriate medical help

 

Can I get a work licence?

It may be possible for you to apply for a work licence in Cleveland 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 in the court 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) or were subject to the no alcohol limit.

Please see our section on work licences for further information .

A work licence only allows you to drive for work purposes and nothing more, the court cannot authorise someone to drive for personal reasons i.e. driving kids to and from 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.

The court also has the option to double then period of disqualification they would have imposed if no work licence was applied for.  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 magistrate to impose the lowest penalty possible, we know them all.

 

Navigating Cleveland court

When required to appear in Cleveland court for a drink driving charge, it's critical to engage a local lawyer well-versed with the court's processes and magistrates' preferences. They can guide you through the legal process, help you understand your charges, negotiate with the police prosecutor, and effectively present your case in court. A local lawyer can minimize your disqualification period, reduce stress, and ensure your interests are protected.

 

Parking at Cleveland court

There are a limited number of car park spaces on the street near the Cleveland Court.  There is however a major carpark attached to the Redland Performing Arts Centre which is only a minutes’ walk to the court.

 

Arriving at Cleveland court

Cleveland has a security entrance to screen people attending the court. Once you are screened there are volunteers who will tick you off the list and direct you to the court you have been assigned.

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  

In addition to the Court calendar each day there is a list of made of each person appearing in Cleveland 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 or otherwise there is a list of all matters in the Cleveland Court that day as you pass through security. 

 

Example on how a drink driving charge might be heard in Cleveland

Let's take the example of a drink driving charge, these can be heard in the Cleveland Court Monday Tuesday or Thursday but generally on a Monday.  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 article on how drink driving matters are heard in Magistrate Courts.

 

Choosing the right drink drive lawyer

Choosing the right drink driving lawyer can be daunting, but considering the following factors can help:

  • Experience: Find a lawyer with a wealth of experience in handling drink driving cases in Cleveland court. Clarity Law, for instance, has over 60 years of combined experience and has handled over 1,500 drink driving pleas since 2010.
  • Knowledge of Local Laws: Ensure your lawyer understands the specific laws related to drink driving in Cleveland.
  • Track Record: Check the lawyer's success rate in similar cases.
  • Communication and Support: Pick a lawyer who provides clear communication, support, and guidance throughout the process.
  • Affordability: Make sure you know the lawyer's fees and payment options, ensuring they align with your budget.

Navigating a drink driving charge can be challenging, but with the right legal representative by your side, you're on the best path to a favourable outcome.

 

Where is Cleveland court?

Cleveland Magistrates Court is located at;

5 Middle Street

Cleveland

Contact Details

PO Box 10

Cleveland Qld 4163

 

Business hours

8.30am to 4.30pm, Monday, Tuesday, Thursday and Friday

8.30am to 4.00pm, Wednesday

 

Phone                   (07) 3884 3900

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

 

Directions to Cleveland court

https://goo.gl/maps/e3XZABNXH9siJRdKA

 

Magistrates

Cleveland has one fulltime Magistrate. That Magistrate is;

Magistrate Deborah Vasta

 

Our Local Office

Bluedog Business Centre

 Level 1, 16 McDougall Street, Milton 4064

Phone: 0730677017 

Please always phone ahead to book an appointment,

 

Our Team

Every one of our traffic lawyers is extremely experienced appearing in the courts every week representing people charged with drink driving.

Steven Brough – Founder and traffic lawyer (22+ years experience)

 

Russell Tannock – Traffic lawyer (8+ years experience)

 

Jack Marshall – Traffic lawyer (2+years experience)

 

Jacob Purden – Traffic lawyer (8+ years experience)

 

Belinda Smyth – Client Services Manager  (21+ years experience)

Between our lawyers we have appeared in court thousands of times representing clients with driving charges throughout Southeast Queensland including Cleveland.

 

Our experience with drink driving charges in Cleveland Court

Since 2010 we have been representing people throughout the Cleveland region who have been charged with a DUI or Drink Driving charge and need a good traffic lawyer to represent them.  We aren’t a firm that does traffic law as just one area of law, we do traffic law exclusively. 

Our client’s 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.  The stress that a drink driving charge causes to people can be overwhelming, having a lawyer to help will give you a lot of relief.

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.  While we will never be the cheapest we do offer the best value in our humble opinion.

Take a look at our traffic law blog that has over 110 articles on traffic law in Queensland.

 

What do you charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills.  The money goes into a trust account and cannot be taken by us until the matter is completed.

We are also 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 that although we are not the cheapest our prices, given our experience, is very competitive

Work Licence (includes price of guilty plea)             $2,200

Drink Driving - Low range                                              $1,499

Drink Driving - Mid range                                              $1,599

Drink Driving - High range                                             $1,699

 

What we will do for the fee;

  • full preparation for court and devising strategy to minimise penalty

  • contact with police prosecution unit to obtain traffic history and police brief (QP9)

  • preparing for what we will tell the Magistrate

  • advising you on how to obtain character references

  • all telephone calls and emails

  • detailed information to you on the likely disqualification period and fine and information on what will happen at court and afterwards

  • appearing in the court with you to conduct you’re a guilty plea

 

What areas of traffic law we undertake in addition to DUI and drink driving

 

Why should I choose you and not just represent myself?

We understand that many people do just represent themselves in Cleveladn court for a drink driving charge.  Unfortunately some believe the duty lawyer will assist them which they will not for a drink driving charge unless you are facing a prison sentence.

We get calls every week from people who have represented themselves and had a terrible outcome and are now desperate to try and do something to overturn the decision.  Just some of the reasons to engage a traffic lawyer includes;

  1. We have appeared in Cleveland hundreds of times this means we know what the Magistrate wants to hear to minimise the disqualification period

  2. We can advise you if you qualify for a work licence

  3. We are there to look after your interests, neither the Magistrates nor the Police Prosecutor is going to do that, you need someone on your side

  4. We can take you through the whole process so you are not worried what will occur in Cleveland court as we would have explained everything to you and will be with you at court to assist you. This will dramatically reduce your stress levels

  5. engaging us shows the court you are taking your charges seriously

 

 

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 Cleveland Courts

List of Court Calendars for Caboolture Courts

 

If I contacted you what would occur?

If you contact Clarity Law then Steven Brough the firm’s founder or our client services manager Belinda Smyth will take the call or receive the email. They have over 45 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 and no obligation.

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 in Cleveland. Every one of our lawyers are very experienced with thousands of courts appearances between them and they know the Cleveland court and the Magistrates and Prosecutors.

 

How do I get more information or engage you 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 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. Click here to select a time for us to have a free 15 minute telephone conference with you

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

  5. Send us a message on Facebook Messenger

  6. Click the help button to the right and leave us a message

 

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving.

You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business so getting the right drink driving lawyer acting for you is critical.

 

More Drink Driving Information