Thank you for considering engaging Clarity Law as your lawyers for a dui or drink driving charge in Pine Rivers.  Pine Rivers court is located in Strathpine.  Whether you came to this page by searching for a drink driving lawyer near me or for Pine Rivers drink driving lawyer it doesn’t matter you have reached the right place. We have been representing people charged with DUI and Drink Driving offences in the courts since 2010 and in 2022 opened our first office at Hervey Bay to service our growing client base in Pine Rivers.

People are often worried about their reputation, what will occur in court and what affect 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 law firms in Queensland.  We can also help work out if you can apply for a work licence to keep your ability to drive for work after the drink driving offence is dealt with. 

 

Engaging a lawyer in Pine Rivers 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 Pine Rivers Court and knows what each Magistrate wants.  At Clarity Law we have appeared in the Queensland 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 in 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). 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 Magistrate to impose the lowest penalty possible, we know them all.

 

Can I Get a Work Licence or Special Hardship Order for Driving Under the Influence?

Unfortunately, section 87(5)(da) of the Transport Operations (Road Use Management) Act 1995 excludes someone convicted of driving under the influence from being eligible for a work licence.

A special hardship order is only applicable to someone whose licence is suspended (or is going to be suspended) by Transport and Main Roads due to the breach of a good behaviour driving period.

 

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.

 

Driving While Under the Influence

Driving under the influence is a serious charge, which can have serious consequences for your driver licence and for your hip pocket. Driving under the influence is otherwise known as high range drink driving. The reason it is called ‘high range’ Is because you will not be charged with this offence unless your blood alcohol content is detected as .150% or above. The law assumes you were driving under the influence of alcohol if your blood alcohol content is this high. The charge is contained in section 79(1) of the Transport Operations (Road Use Management) Act 1995.

 

What do Police Have to Prove?

As always, it if for the police to prove you committed the offence. It is generally quite easy to prove a charge of this kind. Police have very wide powers to breathalyse people and most of the time a person charged with this offence will either be sitting in the driver’s seat of a car before they were breathalysed, or had been driving a car before breathalysed.

The breath analysis instrument the police use at the roadside is only an indication of blood alcohol content (BAC). This means to get a BAC reading which would be sufficient to prove the charge against you, the police will need to take you to a police station to have your breath analysed by a special instrument, which is kept at most police stations. It is very common for the reading at roadside to be different from that at the station. It is always the reading at the station that the prosecutors will rely on in court. The police are required to produce a “breath analysis certificate” as proof of your BAC to the Court. The legislation is such that it is very difficult to challenge one of these certificates. We are unaware of any instances where a challenge to one of these certificates has been successful.

 

Is There a Way to Avoid the Charge?

There are instances where we have successfully written to the prosecutors and persuaded them to “drop” charges. We must emphasise these instances are relatively rare, but for the right case it is possible. We have had a recent case where our client was charged with being in charge of a motor vehicle while under the influence and refusing a breath test. Had he copped both charges “on the chin”, he would have faced 12 months disqualification minimum. Instead, both charges were dropped and there was no disqualification and no fines; our client’s review is here: https://goo.gl/maps/zkDNxKyNXEDif32D9.

We’ve also had success in getting a driving under the influence charge dropped entirely (very high reading, over 0.2% BAC), and we quote our happy client’s review:

“Hi Clarity Law,

When I first spoke to Belinda, she made me feel so welcome. 

I also need to thank Jacob. His kindness of offering a single tissue, was beyond kind. 

Merry Christmas Clarity Law, and thank you again, Belinda, Jacob and your team.”

While we note the above review does not refer to the result, it may be demonstrative of the client care we take as well.

 

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?

In general terms, drink driving matters are dealt with “summarily” in Strathpine, which means that they are dealt with in a Magistrates Court.  The Pine Rivers 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. 

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 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.

 

What Factors will the Court take into Account?

As the peak traffic law experts in Queensland, we know exactly what the Court wants to hear. The Court will take into account, among other things:

• Your BAC.
• Whether you have prior drink driving offences.
• The extent of your traffic and criminal history.
• Your age.
• Your current work arrangements.
• Your family situation.
• How the disqualification will affect your work and family commitments.
• How early you pleaded guilty.
• Your participation in any courses (such as the Queensland Traffic Offenders Program).
• How cooperative you were with police.
• Your financial circumstances.
• How the recording of a conviction might impact your future.

 

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 mid range drink driving or 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 like Strathpine Transport and Main Roads Customer Service Centre in Bells Pocket Road 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 Strathpine Magistrates Court?

374 Gympie Road

Strathpine Qld 4500

Business hours

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

8.30am to 4.00pm, Wednesday

Phone     (07) 3094 4700

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

Map       https://goo.gl/maps/8zn1D3ZHizx3YNub7 

 

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 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.

Hopefully, the above has shown it is important to come to court prepared. It is a bad idea to turn up to court and “wing it”. While the minimum disqualification is 6 months, the maximum is much higher, and if you go to court prepared with an experienced lawyer (and we do specialise in this area), you can be confident of getting an outcome much better than what you would get merely going by yourself and hoping for the best. We find, at times, there is a strange casualness people take to drink driving offences, but being without a licence can have catastrophic consequences, particularly in more regional areas or for people who work in industries which require an ability to drive.

 

Our Local Office

North Brisbane Serviced Offices  

3/22-24 Strathwyn Street, 

Brendale 4500 

Phone: 0734850184

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 Queensland 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 Queensland

 

Our Experience

Since 2010 we have been representing people throughout Queensland who have been charged with a DUI or 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.

 

What other areas of traffic law we undertake

• Drug Driving
• Drink Driving
• Careless Driving
• Dangerous Driving
• Unlicensed Driving
• Disqualified Driving
• Work Licences
• Hardship Licences
• Removal of Disqualification
• Evading Police

 

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

List of Queensland Courts and their contact details

Daily list of Matters in Pine Rivers Magistrates Courts

List of Pine Rivers Magistrates

List of Court Calendars for Pine Rivers Courts

 

How to get in Contact with us if you need a 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. Click here to select a time for us to call you back
4. Email our founder at  This email address is being protected from spambots. You need JavaScript enabled to view it.

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 atleast have more information about drink driving. You wont 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.  

 

What do you charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills. 

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 no other South East Queensland law firm can match our prices and experience. Our prices include;

• full preparation for court including checking for defences and devising strategy to minimise penalty
• Contacting the prosecution unit to obtain your traffic history, charge documents and a copy of the prosecutor court brief (QP9) so we know what the prosecutor will tell the court occured
• drafting submissions for the court
• arranging for you to attend a driving course (if appropriate)
• 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 for your guilty plea to the drink driving charge

To see what we will charge for a guilty plea click here

 

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 Pine Rivers courts and the Magistrates and Judges.

 

More Drink Driving Information

We have a range of articles on drink driving on our blog.  Some of the most recent have included:

• Top 5 Drink Driving Myths
• The Essential Guide to Obtaining a Work Licence
• Drink Driving on a Lime Scooter
• How Drink Driving Matters are Heard in Queensland
• What happens after your drivers licence is disqualified?
• Refusing a Breathalyser Test in Queensland
• Can you commit a drink driving offence in your driveway?
• Immediate suspension for drink driving
• Case Study - High Range Drink Driving and Disqualified Driving
• Three High Range Drink Driving Charges
• Special Hardship Orders v Work Licences
• High Range DUI
• Going through a drink driving charge in Brisbane Magistrate Court
• DUI Charges
• Ultimate Guide to High Range Drink Driving