Drink driving is a very serious offence in Queensland and can lead to:

Significant fines;
Loss of your driver’s licence;
Termination of employment; and
Imprisonment.

Despite this, Queenslanders are still being caught drink driving every day.
Often, people are charged with a drink driving offence simply because they did not know or understand Queensland’s DUI laws.
This is why we have prepared this article: The Ultimate Guide to Drink Driving + DUI Laws in Queensland.
If you have a question about drink driving or DUI laws in Queensland, we hope that we have covered it here.
If not, contact the team at Harper Finch Lawyers to speak with an expert drink driving and DUI lawyer.

 

Table Of Contents

Queensland Drink Driving Limits
10 Factors That Can Impact Alcohol Readings
Drink Driving Penalties
Frequently Asked Questions:

Is Drink Driving A Criminal Offence?
Drink Driving on Private Property
Is It Legal to Drink Alcohol While Driving?
Can You Be Fingerprinted for a DUI offence?

Why Choose Harper Finch Lawyers to Represent you

Queensland Drink Driving Limits
In Queensland, it is an offence under the Transport Operations (Road Use) Management Act to drive while over the legal alcohol limit.
There are four alcohol limits in Queensland, as follows:

No alcohol limit (0.00% or above);
General alcohol limit (0.05% or above);
Middle alcohol limit (0.10% or above);
High alcohol limit (0.15% or above)

 
No Alcohol Limit
Some drivers are not allowed to have any alcohol in their blood when driving on Queensland roads.
These drivers include:

Learners, P1 and P2 licence holders and restricted licence holders (regardless of the driver’s age); and
Drivers of trucks, taxis, limousines, tow trucks and tractors.

 
It is very easy for a person to commit a DUI drink driving offence without knowing that they are doing the wrong thing. You may, for example, enjoy a few drinks with your dinner and then assume that you are legally okay to drive the following morning. You will however be committing an offence if you have just the slightest alcohol reading present.
Unfortunately, too many drivers only find out the hard way when they are actually being charged by the police for a DUI drink driving offence.
If you commit a DUI offence of drink driving while over the no alcohol limit, your driver’s licence will be disqualified for at least 3 months.
You cannot apply for a drink driving work licence if you are convicted of driving over the no alcohol limit.
 
General Alcohol Limit
If you hold a valid Queensland driver’s licence and you are not required to drive within the no alcohol limit, you will be subject to the ‘general alcohol limit’ which is 0.05%.
Many people believe that you can stay under this alcohol limit if you only drink within the recommended guidelines, as follows:

Men can drink 2 standard drinks in the first hour and 1 standard drink each hour afterwards;
Women can drink 1 standard drink each hour including the first hour.

Unfortunately these guidelines often cause more harm than good because they fail to take into account other factors that can impact a person’s blood alcohol levels. As a result, many drivers assume that they have done the right thing by following the guidelines but then end up being charged with a drink driving offence anyway.
If in doubt, don’t drive.
If you are convicted of a DUI drink driving offence while over the general alcohol limit, you face a mandatory licence disqualification of at least 1 month.
You may be eligible to apply for a drink driving work licence if you satisfy all other requirements.
 
Middle Alcohol Limit
If you are caught driving with an alcohol reading of 0.10% or more, you will be charged with driving over the ‘middle alcohol limit’.
The consequences of committing this offence are more serious than a lower range DUI offence and drivers face a minimum disqualification of 3 months.
You may be eligible to apply for a drink driving work licence if you satisfy all other requirements.
 
High Alcohol Limit
The most serious DUI or drink driving offence in Queensland is driving over the high alcohol limit, which occurs when a person’s alcohol reading is 0.15% or above.
It is legally assumed that you are under the influence of alcohol or liquor due to the very high reading and therefore this offence is also known as ‘driving under the influence of liquor’ (or “UIL” for short).
The penalties for committing a high range drink driving offence are serious. For example, the minimum disqualification period is six months with no maximum disqualification period.
It is therefore common for drivers to be disqualified for 12 months or more, depending on their alcohol limit and the circumstances of the offence. In more serious cases, such as where the person is a repeat offender, penalties can include probation, community service and even jail.
Drink driving work licences are not available for high range drink driving offences.

10 Factors That Can Impact Alcohol Readings
You’ve probably heard the general guideline that males can stay under the legal alcohol limit if they limit themselves to two standard drinks in the first hour and then one standard drink for each hour afterwards. For women, the guidelines recommend just one standard drink in the first hour and then one drink for each further hour.
While these guidelines are a good start to reducing the number of drink driving offences being committed, they are unfortunately also the cause of many drink driving offences. This is because people rely on the guidelines without taking into account all the other factors that can impact a person’s alcohol readings and then find themselves over the limit and facing court.
Here, we cover 10 of the most common factors that can affect your blood alcohol level. You should always keep these in mind when trying to decide if it’s safe for you to drive after drinking.
 
1. Age
There is no denying that a person’s age can impact how alcohol affects them. As a person grows older, their body goes through a number of changes which reduce how well they can process the alcohol they consume which, in turn, results in higher alcohol readings.
It should also be noted that many people drink less as they age which leads us to the next factor – tolerance levels.
 
2. Tolerance levels
The more a person drinks, the higher their tolerance to alcohol will be. To put it another way – the more you drink, the more you can drink.
For heavy or regular drinkers, it can be harder to become intoxicated because their bodies have grown used to constantly processing alcohol and have become more resistant to the alcohol itself.
For light drinkers, it might only take one or two drinks before they are feeling intoxicated.
Therefore the amount a person drinks can have an impact on their alcohol levels when they do in fact drink.
 
3. Gender
The guidelines recommend different quantities of standard drinks depending on whether you are male or female. This is, of course, not an accident.
Men are generally able to drink more than women because they are usually taller and heavier and therefore have a greater ability to absorb and process the alcohol that they consume.
If you ever see a male and a female drinking the same amount of alcohol, you can almost always assume that the female will end up more intoxicated than the male. Ladies should keep this in mind the next time they try to match a male “drink for drink”.
 
4. Alcohol Concentration
The guidelines specifically refer to “standard drinks” however many people forget this important point. They tell themselves that they are allowed a certain number of drinks per hour without properly considering just how strong those drinks are.
For example, the difference between a heavy and light beer is significant and will play a significant part in determining your alcohol level. Many beer drinkers have been charged with drink driving after they thought they were drinking light beers but they were in fact drinking heavy beers.
Many people are also charged with drink driving because they are given glasses of wine which are much larger than a standard drink. This increases the amount of alcohol that the person is consuming which, in turn, increases their blood alcohol levels.
 
5. Body type
Everyone has a unique body type. Some are tall and lanky whereas others might be short and overweight, or any combination in between.
Your body type can impact your blood alcohol levels because different body types have different abilities to process alcohol. A tall and overweight man will be able to drink more alcohol and stay under the legal limit than a short and skinny man, simply because of their body types.
 
6. Metabolism
Just like body types, people also have different metabolism rates. This simply means that some people’s bodies are better at processing toxins like alcohol through the body better than other people.
While metabolism can play a role in a person’s body type (for example overweight versus skinny), it does not mean that you can pick a person’s metabolism rate just by looking at their bodies.
In the same way, you can’t predict your own metabolism rate and therefore you should keep in mind that you might not in fact be very efficient at removing the alcohol quickly from your body.
 
7. Medications
Some medications can exaggerate the impact of any alcohol that has been consumed. This is dangerous not just because it can increase your chances of being caught drink driving, but it can also put you at serious risk of being involved in an accident and harming yourself or others.
If you are taking any medication, you should check to see whether you need to stay away from alcohol. If in doubt, speak to your doctor.
 
8. Carbonation
Carbonated drinks (such as sparkling wine and beer) allow the alcohol to be more easily absorbed into a person’s bloodstream than non-carbonated drinks (such as red wine).
Therefore you should always take into account the type of alcoholic drink you are drinking before you make a decision about whether you should drive or not.
 
9. Food
A person will have a higher blood alcohol level if they are drinking on an empty stomach, because there is less food to absorb the alcoholic drinks and also because there are less barriers between your body and the alcohol itself.
If you know that you will be having a few drinks, plan ahead by having a large meal beforehand. This will not only hopefully reduce the impact of the alcohol while you are drinking but it might also give you a lesser hangover the following day.
 
10. Fitness levels
Fit and healthy people have less toxins in their bodies and also have a greater ability to pump blood throughout their system. An active person is also less likely to be a regular drinker. This means that athletes and those who live healthy lifestyles will be more strongly impacted by alcohol drinks than those who are inactive.

Drink Driving Penalties
At a minimum, a drink driver can expect to be fined and disqualified from holding or obtaining a Queensland driver’s licence.
There are however a wide range of penalties that can be suffered by a person convicted of a drink driving offence in Queensland, including:

Licence Suspensions
Licence Disqualifications
Fines
Probation
Community Service
Imprisonment
Alcohol Interlock Device requirement
Recording of a Conviction

 
Licence Suspensions
Most people who have been charged with drink driving know that they will be disqualified from holding a Queensland driver’s licence as part of their punishment.
However, many drivers don’t realise that their licences will also be suspended for a period of time. This leads to a lot of confusion and, in some cases, people committing driving offences simply because they didn’t understand how the Queensland DUI laws work.
 
What Are the Suspension Periods?
The suspension period depends on the person’s alcohol reading, as set out below.
 

Less than 0.10%

If you were charged with drink driving and your alcohol reading was less than 0.1%, your licence will be immediately suspended for a period of 24 hours.
Once 24 hours have passed, you will be able to start driving again (assuming that you don’t have any other active suspensions or disqualifications).
 

0.10% or higher

If you were charged with drink driving and your alcohol reading was 0.1% or higher, your licence will be immediately suspended until your matter is finalised. For most people, this is when they plead guilty in court and their licences are disqualified by a Magistrate.
 
When Does The Immediate Suspension Start?
Regardless of whether the suspension is 24 hours or until your case is finished, the suspension will start at the time that you are charged with the DUI offence. This means that if you are charged with drink driving, you will be unable to drive away from the breath test site or the police station, even if your alcohol reading has reduced to less than 0.05% by that stage.
 
When Does The Immediate Suspension End?
As outlined above, a 24-hour suspension ends once that period has finished.
An immediate suspension for a higher reading will continue until the charge is finalised, whether that is following a guilty plea, a trial or a dismissal of the charge.
 
What Happens If I Drive while Suspended?
Driving while suspended due to a drink driving charge is a very serious offence and the consequences can be devastating for some people.
If you drive during the 24-hour suspension period, you face a licence disqualification of six (6) months.
If you drive while suspended until court, you face a minimum two (2) year disqualification period and it can be as long as five (5) years.
 
Can I Apply For A Drink Driving Work Licence While Suspended?
If you have been given a 24-hour licence suspension, there is no work licence available and probably no need for one anyway.
However if you have been suspended until your DUI charge is finalised, you face a potentially lengthy suspension period which is not included in the disqualification period that will be imposed in court.
For example, your licence could be suspended for 6 months or more if you are taking your DUI charge to a trial. In these situations, you may be eligible to apply for what’s known as a “s79E application”. If granted, you will be given a temporary licence which allows you to keep driving under strict conditions until your case is finalised.
As Brisbane’s expert DUI lawyers, we can help you to apply for a s79E licence.

Licence Disqualifications
Once a person has been convicted in a Queensland court of drink driving, they will receive a drink driving disqualification for a period of time to be decided by the Magistrate. Unsurprisingly, the disqualification period will depend on a number of factors including the alcohol reading.
 
What Are The Minimum Disqualification Periods?
The minimum licence disqualification period that will be imposed will depend on your alcohol reading:
 

Alcohol Reading
Disqualification Period

BAC 0.05 – 0.10
Disq 1-9 months

BAC 0.10 – 0.15
Disq 3-12 months

UIL 0.15 or above
Disq 6 months or longer

BAC – no alcohol limit
Disq 3-9 months

 
It is important to note that if you have previous drink or drug driving convictions within the 5 years prior to this offence, the mandatory minimum disqualification period will increase depending on the number of prior convictions, the seriousness of those offences and so on.
 
When Does The Licence Disqualification Start?
The licence disqualification begins the moment that the Magistrate announces that you are disqualified from holding or obtaining a Queensland licence. This means that if you drive from the courthouse, you will be charged with disqualified driving.
 
When Does The Licence Disqualification End?
The Magistrate will sentence you to a fixed disqualification period. You will need to wait until this disqualification period has finished before you can start driving again. You will however need to get a new licence from Queensland Transport before you can start driving again and you may be subject to certain conditions or restrictions.
If you are disqualified for longer than 2 years, you may be eligible to make an application for the removal of your disqualification once the initial 2 year period has finished.
 
Can I Apply For A Drink Driving Work Licence While Disqualified?
in some circumstances, a driver can apply for a restricted work licence which will allow them to continue driving for work purposes only. This means that you cannot drive children to school or to visit friends – you can drive for work and that’s all.
You will also be restricted to driving between certain hours and on certain days, depending on your employment needs.
Applying for a restricted work licence is a complicated process and you need to be able to prove not only that you are eligible to apply, but also that you deserve a work licence. It is therefore not as easy as filling out a form and getting a new work licence.
Due to the complex nature of work licence applications, we always recommend that you hire a DUI lawyer to represent you. If you need your licence for work, you have too much to lose by attempting it yourself.
 
Fines
If you are convicted of a DUI drink driving offence, you will be given a fine – unless you are sentenced to probation, community service or jail which all usually take the place of the fine.
Fines can range from $100 to thousands of dollars, depending on the seriousness of the offence and a person’s previous traffic history.
Any fines that are imposed can be referred to the State Penalties Enforcement Registry for payment which means that you will be able to pay off the fine over an extended period of time.
 
Probation
In some cases, the magistrate might decide the probation is an appropriate penalty. Probation involves meeting with a probation officer, usually once per week, to monitor their behaviour and to provide support and assistance if possible.
A person can be ordered to attend probation for a period between 6 months and 3 years. The length of the probation period is up to the magistrate.
Probation orders are usually imposed for young drivers who appear to have a problem with drugs and/or alcohol or repeat offenders who have not learnt their lesson previously.
 
Community Service
A magistrate may also decide that community service is an appropriate penalty. Community service requires a person to perform a specified number of hours of unpaid community service as a way of ‘paying back their debt’ to the community.
If a person is ordered to do community service, they will need to complete between 40 to 240 hours of service within the community. There are a wide range of options for service available – it does not mean that you will be scrubbing graffiti off walls!
A magistrate is likely to impose a community service order if they feel that the driver has shown a disregard for the community because of their behaviour.
 
Imprisonment
In serious cases, magistrates have the option of imposing a jail sentence. For less serious (but still serious) cases, the magistrate may not require the driver to actually spend time in jail. This can be achieved by either wholly suspending the jail sentence or granting immediate parole. In either of these cases, a person will not physically go to jail but will have a prison sentence hanging over their heads.
However in the most serious of cases, a magistrate will order that the driver must spend actual time in prison.
Imprisonment is normally only required for repeat offenders or for drivers who committed other serious offences at the same time (such as dangerous driving).
 
Recording of a Conviction
If you plead guilty to a drink driving offence, or if you are found guilty at the end of a trial, you will be sentenced by the magistrate. One of the considerations for the magistrate is whether to record a conviction on your traffic history or not. Ordinarily a conviction WILL be recorded, unless the magistrate is convinced that it should not be.
Convictions can create significant difficulties for people who, for example, are applying for a new job or who want to travel overseas. For this reason, it is obviously better to have no conviction recorded.
 
Alcohol Interlock Device
If you have been caught drink driving twice in 5 years, or if you were caught drink driving with a reading above 0.15%, you will be required to install an alcohol interlock device in your vehicle before you are eligible to get a new licence after your disqualification period ends. These devices are attached to your vehicle’s ignition and prevent you from starting your vehicle unless you blow into the device and it records a nil alcohol reading.
These devices can be very expensive to install and can cause all sorts of complications for drivers, such as those who drive multiple cars for work.
There is a procedure where you can apply to have an exemption from the device but there is no guarantee that the application will be successful.

Frequently Asked Questions
 
Q: Is Drink Driving A Criminal Offence?
It’s probably safe to say that everyone knows that drink driving/DUI is an offence in Queensland.Most people however are confused about whether drink driving is a criminal offence or not.
If you appear in court for a drink driving offence, the magistrate may make a comment about drink driving being a “traffic offence” only, similar to speeding fines or parking tickets. This is because drink driving convictions appear on a person’s traffic history and not their criminal history. This is generally the reason why a magistrate will exercise their discretion to record a drink driving conviction – they believe that a traffic offence conviction is unlikely to have much of an impact on a person’s future, if any.
Although it’s true that drink driving/DUI convictions don’t show up on a person’s criminal history, this doesn’t necessarily mean that drink driving offences are not criminal offences.
 
What Are Criminal Offences?
Section 3 of the Criminal Code outlines the different divisions of offences within Queensland and this is an extremely important section not just for this discussion but for the criminal justice system generally.
It states that offences are either criminal offences or regulatory offences.
The section then explains that a criminal offence can be a crime, misdemeanour or simple offence.
Finally, this section then states that unless the legislation specifies what type of offence an unlawful act is, an offence is considered to be a simple offence.
For example, the offence of common assault is specifically referred to as a misdemeanour – it is therefore not a simple offence.
 
What Type of Offence is Drink Driving/DUI?
The offence of drink driving is set out in s79 TORUM which states (in part) the following:
Any person who, while under the influence of liquor or a drug-
(a) drives a motor vehicle…
(b) …
(c) …
is guilty of an offence …
The legislation therefore simply refers to drink driving (and drug driving) as being “an offence”. It is not specifically designated as being any particular type of offence.
According to section 3 of the Criminal Code as outlined above, drink driving is therefore classified as a simple offence which is a type of criminal offence.
 
Why Does It Even Matter?
At this point, you might be wondering why it matters whether a drink driving offence is a criminal offence in Queensland or not.
To put it simply, it’s relevant because it means that people who have drink driving convictions recorded against them are technically having a conviction recorded for a criminal offence. This can impact their future in many ways, including by limiting their employment prospects or by preventing them from travelling overseas.
We have seen magistrates and other lawyers refer to drink driving convictions as being just “traffic” convictions and therefore of limited consequence. However at Harper Finch Lawyers, we believe that this attitude is dangerous as it ignores the simple fact that a drink driving conviction is, technically, a criminal conviction (even if it doesn’t show up on a criminal history).
 
Q: Drink Driving On Private Property
At Harper Finch Lawyers, we are often contacted by people who have been charged with drink driving while on private property. They believe that they should not have been charged with drink driving and that the charge should be dismissed by the police.
Unfortunately, the law says something different.
In the District Court case of Jovanovic v Lucas [2009] QDC 138, Judge Samios confirmed a Magistrates Court finding that the appellant/defendant could be convicted of drink driving even though the driver was on private property at the time.
In particular, His Honour referred to the relevant drink driving and breath-testing laws set out in s80(2) Transport Operations (Road Use) Management Act which state that a police officer can require a person to participate in a breath-test if the officer believes that the person was driving on a road or elsewhere.
The broad words “or elsewhere” were included in the legislation so that police officers have the power to breath-test a person anywhere, even in places that are not actually roads. Importantly, there is no specific mention that drink driving offences are restricted to public roads or places.
The lesson here is simple: drink driving is an offence no matter where you are in Queensland. It doesn’t matter if you are on your driveway, driving along the Bruce Highway or in a shopping centre carpark. If the police suspect that you have been driving, they have the power to require you to participate in a breath-test.
 
Q: Is It Legal To Drink Alcohol While Driving?
Everyone knows that drink driving is an offence in Queensland (and throughout Australia). However have you ever wondered whether you are legally allowed to drink alcohol while actually driving, as long as you are within the legal alcohol limit?
For Learner and Provisional licence holders, the answer is obviously no as they are required to have a zero blood alcohol reading at all times. But what about Open licence holders?
 
Drinking Alcohol While Driving in Queensland
In Queensland, it is in fact an offence for an Open licence holder to drink alcohol while driving, even if your alcohol level is below the legal limit of 0.05%.
Specifically, section 300A of the Transport Operations (Road Use Management – Road Rules) Regulation 2009 states that it is an offence for the driver of a vehicle to drink alcohol while driving.
Interestingly, it also says that a supervisor of a Learner driver is also banned from drinking alcohol while supervising the Learner.
 
What Punishment Applies?
If you are charged with drinking while driving in Queensland, you face a maximum fine of 20 Penalty Units which is about $2,000.
Although Magistrates always have the power to disqualify a person from driving if they commit a driving-related offence, it is unlikely that a Magistrate would exercise their power to disqualify unless the circumstances of the case were extremely serious.
 

Q: Can You Be Fingerprinted For A Drink Driving Offence?
A question that often arises is whether the police can, or should be able to, fingerprint drink drivers.
This has resulted in Harper Finch Lawyers receiving a number of enquiries from concerned citizens about whether they’ve been made to provide their fingerprints when they should not have been. We therefore thought that we would take this opportunity to provide some clarification about the law as it currently stands.
In Queensland, the police can only order a person to provide fingerprints in certain circumstances.
For example, a person can be required to provide their fingerprints if they have committed an offence against the Weapons Act 1990 or the Explosives Act 1999. Alternatively, they can be made to provide their fingerprints if they have been charged with an offence that has a maximum penalty of at least 1 year’s imprisonment.
The maximum penalties for first-time DUI drink driving offences in Queensland range from 3-9 months. Therefore, a person should not be required to provide their fingerprints if charged with a first-time DUI drink driving offence
However if a person has previous drink driving offences or if the offence was committed at the same time as another offence (such as driving dangerously while intoxicated), then the maximum penalty can increase beyond 9 months and even 1 year. In these circumstances, the police can ask you to provide your fingerprints for their records.

Why Choose Harper Finch Lawyers – Expert Brisbane Drink Driving/DUI Lawyers
 
If you have been charged with a DUI drink driving offence, one of the first questions you’ll need to ask yourself is whether you should hire a lawyer to represent you in court.
Many people will simply look at the costs of hiring a DUI drink driving lawyer and decide that they’ll take a chance and represent themselves. However before you make a decision to appear in court unrepresented, it is important that you understand that there are many benefits of hiring an experienced lawyer to appear in court with you and that you may actually save money by hiring a lawyer.
 
We Will Get You The Best Outcome
If you are convicted of a drink driving offence in Queensland, you will receive a mandatory licence disqualification of anywhere from 1 month to an absolute disqualification. Additionally, you will receive a fine or worse (including a potential jail sentence).
Nowadays, holding a driver’s licence is essential for most people. We need our licences to go to work, drop off children to school and to visit friends and family. Therefore wouldn’t you want to make sure that you receive the shortest disqualification possible so that you can start driving sooner?
At Harper Finch Lawyers, we know how to get our clients the best outcome possible. We have represented hundreds of drink drivers and we know what needs to be said and done to make sure our clients receive outstanding results.
 
We Know Your Options
If you are charged with drink driving, do you know all the options available? For example, you may be eligible for a work licence which could be the key to saving your job. Alternatively, do you even know if you’ve been charged with the correct offence? We see people being charged with the wrong drink driving/DUI offence all the time and we have saved our clients from a worse-than-necessary penalty on countless occasions.
Being charged and convicted of a DUI drink driving offence can have a devastating impact on drivers and their families. Make sure that you know all your options so that you protect your legal rights.
 
We Know the Judges and Magistrates
Each Judge and Magistrate is human.
They all have their own unique approaches to drink driving offences and this means that they will have their own opinion about what sort of penalty should be imposed.
Since we regularly appear in courts throughout Queensland, we know almost all of the Judges and Magistrate that might hear your case. Our experience means that we can present your case to the Judge or Magistrate in the best way to ensure that your case is given the appropriate attention. If however you represent yourself, you are walking in blind without having any idea about what the Judge or Magistrate will say or do with your case.
Judges and Magistrates also appreciate it when a person is represented by a lawyer and they often refer to this when they give their reasons for sentencing a person:

It shows that the driver is taking the court process seriously as they have gone to the expense of arranging legal representation.
The Judges and Magistrates know that your lawyer will present your case properly and professionally which is important in a courtroom.

 
We Can Save You Time
People today are busier than ever and trying to juggle all of our commitments can seem like a never ending struggle. The last thing that people want is to have to waste their precious time sitting in a courthouse all day.
Most self-represented defendants have no idea just how much time will be wasted when going to court. The situation is even worse when if they need to appear in court more than once (for example, when making an application for a work licence which usually requires two or more court appearances).
If you have a lawyer representing you, you will automatically receive priority over everyone else in the court.
This means that you will be in and out of court early in the morning while the others might still be sitting in court well after lunchtime. We have no doubt that you have more important things to do than to sit in a courtroom all day.
In addition, in some situations your lawyer can even appear in court on your behalf without you needing to turn up to court. This means that you can have your case handled by expert drink driving/DUI lawyers without the inconvenience of spending countless hours and days waiting in court. For many people, even just the extra time that they can spend at work is worth their lawyer’s fees.
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Whenever we represent a new client who has been charged with a traffic offence, one of the questions that we always ask ourselves is whether they should attend a defensive driving course. In almost all cases, our opinion is that they SHOULD attend such a course and we will then recommend an appropriate course for them to complete. … Continue reading “Defensive Driving Courses in Brisbane & Gold Coast”

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One of the best things about living in Queensland is our long stretches of beach and the adventures they allow. Every day, people take their boats out for all sorts of reasons – fishing, skiing or just exploring the coastline.
Boating is often a social outing for Queenslanders. This means that when out on their boats or stopped at a beach, many people will enjoy a few cold beers or a glass of wine, particularly on hot Summer days.
However if you enjoy boating, it is important that you know the alcohol laws that apply so that you don’t find yourself in trouble.
Drink Driving Laws in Queensland
It is common knowledge that it is illegal to drive a car over the legal alcohol limit in Queensland. For most people, the legal limit is 0.05% however many drivers are required to have a zero-alcohol limit when driving.
If you are caught drink driving, your car driver’s licence will be disqualified and you will not be allowed to drive while disqualified (unless you are granted a work licence). This disqualification affects any vehicle you can drive or ride on land which is propelled by an engine or motor. This means, for example, you will not be prevented from riding an ordinary bicycle.
Impact of a Car DUI on a Boat Licence
To be allowed to drive a boat in Queensland, you first need to obtain a marine licence. This licence is issued under maritime laws which are different to road transport laws. As a result, different laws apply.
If your road driver’s licence is disqualified due to a DUI offence, your maritime licence is not affected (as a general rule – some exceptions may apply). In other words, you can continue driving boats even if your road licence is disqualified.
Drink Driving a Boat
Even though your marine licence won’t be impacted by a road licence disqualification, it does not mean that you are free to drink drive a marine vessel. This is because the law which prevents drink driving on roads is the same for drink driving on water.
The law specifically states that it’s an offence to drink drive on a road or elsewhere. It does not restrict the law to roads or on land. This is because public safety is just as important on water as it is on land.
As a result, the law clearly prevents people from drink driving while operating marine vehicles. This includes not just boats but jet skis and so on.
You should also be aware that the same alcohol limits apply when on the water. As discussed above, this means that most people operating a recreational marine vehicle must not have an alcohol reading above 0.05%. For commercial vehicles, the alcohol reading must be zero.
If you are breath tested by the police and found to be driving a marine vessel over the legal limit, you will be required to attend court and your marine licence will be disqualified.
Charged With Drink Driving a Boat?
If you have been charged with drink driving a boat or other marine vessel, contact us to discuss your options. We will provide a comprehensive case review so that we can outline your rights and options.
 
The post Drink Driving a Boat appeared first on Harper Finch Lawyers.

Most drink drivers are charged with the offence of drink driving after being caught actually driving while over the alcohol limit. This is usually after the driver fails a random breath test or they’re intercepted due to the way they are driving.
However in some situations, a person can be charged with a drink driving offence hours after they have stopped driving. In those situations, they may be able to rely on what is known as the “Hip Flask Defence”.

Being Charged with DUI after Driving
In Queensland, the police can make you provide a sample of your breath if they think that you have been driving within the last three hours. This means that they don’t actually need to see you driving before they make you provide a breath test.
This situation often arises when, for example, the police receive a report from a concerned citizen about a suspected drink driver but when the police locate the driver, they have already stopped driving.
Another common situation is where a person is involved in an accident and then the police attend the person’s address afterwards to question them. If the police suspect that the driver was over the limit when driving, they can require a breath test.
But what about a situation where a person starts drinking alcohol after they have stopped driving but before the police arrive?
The Hip Flask Defence
If a person has been involved in an accident, they may return home feeling stressed or anxious.  They then might have a drink or two to calm their nerves. The problem with this situation is that the police might then arrive at their home and assume that the person had been drinking before they were driving. In that situation, a person could end up being charged with drink driving even though they were in fact drinking after they drove.
This is what is often referred to as the Hip Flask Defence (and no, it doesn’t mean that you were drinking from a hip flask!). It arises when a person argues that they drank alcohol after driving but before being breath tested by the police.
It seems like such an argument is foolproof. However, the police have their own methods of arguing against the Hip Flask Defence using what is called the Countback Analysis.
The Countback Analysis
If you plan to raise the Hip Flask Defence in a drink driving trial, the police will of course argue that you were in fact over the limit when driving. They do this by applying what’s called a “Countback Analysis”.
To be more specific, the police will ask a qualified scientist (a forensic toxicology expert) to come to court to give evidence about whether it’s likely you were drink driving or not.
The scientist will compare your initial roadside alcohol reading with your final alcohol reading (usually recorded at a police station or in a Booze Bus).
If your alcohol reading has increased between the two tests, it likely means that you consumed alcohol quite recently (which is consistent with drinking after driving). However if the reading decreases, it suggests that you stopped drinking some time ago (which is more consistent with drinking before driving).
The scientist will also use the two alcohol readings to determine how much alcohol you might have actually consumed. Obviously, a higher alcohol reading implies that you consumed more alcohol. However, they can also work out how much alcohol should have been left in your body after you stopped drinking based on the time that has passed after you say you stopped drinking.
They will take into account many factors including:

Your age;
Your weight;
Whether you are male or female;
When you say you were drinking; and
The type and amount of alcohol you say you were drinking.

If the scientist believes that your story is unreliable and the court accepts the scientist’s expert opinion, you will not be able to rely on the Hip Flask Defence.
Your Next Step
If you have been unfairly charged with a drink driving offence, you should contact us immediately. We will review your case and will provide you with advice and options about how to proceed.
The post The Hip Flask Defence appeared first on Harper Finch Lawyers.

The police have a wide range of powers which allow them to do their job effectively.
Many of these powers are well-known. For example, everyone knows that the police can arrest a person who has committed a criminal offence.
However when it comes to traffic laws, there seems to be some confusion about what the police can and can’t do.
One of the biggest questions we hear is – are the police allowed to speed? To answer this question, we first need to look at the offence of speeding.

The Offence of Speeding
The laws relating to most Queensland traffic offences are found in the Transport Operations (Road Use) Management Act (“the Act”). However, the speeding laws are found in s.20 Transport Operations (Road Use Management – Road Rules) Regulations (“the Regulations”).
That section states:
A driver must not drive at a speed over the speed limit applying to the driver for the length of road where the driver is driving.
If a person commits a speeding offence, they can be fined over $4,000.
Can the Queensland Police Speed? 
The Regulations explain whether police officers are required to follow the Queensland road rules. This does not only include speeding but it also includes driving through red lights, on the wrong side of the road and so on.
Section 305 of the Regulations specifically states the following:
(1) A provision of this regulation does not apply to the driver of a police vehicle if—
(a) in the circumstances—
(i) the driver is taking reasonable care; and
(ii) it is reasonable that the provision should not apply; and
(b) if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.
This means that the police are allowed to not comply with road rules if they are taking reasonable care and if it’s reasonable that the rules shouldn’t apply. In addition, the police should use their lights or alarm when driving in a way that would ordinarily break the road rules.
The conclusion is that the police are allowed to break the speed limit if it is considered necessary and they are still taking care.
What About Other Traffic Offences?
Now that we know the police are allowed under the Regulations to speed, what about the traffic offences found in the Act?
There is a section in the Act which specifically explains whether the Queensland police are required to obey traffic laws.
Section 144 states:
Provisions of this Act about offences (other than section 79 and 80) do not apply to a police officer while exercising a power, or performing a function, under this or another Act.
In other words, the police do not need to obey traffics laws, but only if they are exercising a power or performing a function as required.
This means that the police are lawfully allowed to speed, drive through red lights and do other acts which would ordinarily be a traffic offence. They can also use mobile phones while driving and not wear a seat-belt.
Importantly, however, they can only drive like this if they are performing their duties. This means that the police cannot commit traffic offences if they are off-duty or not performing any relevant duties at the time.
Exceptions
Even though s144 of the Act says that traffic laws don’t apply to police officers performing their duties, there are two exceptions.
The section specifically states that sections 79 and 80 still apply to police officers, regardless of whether they are on duty or not.
Section 79 states that it is an offence to drink-drive or drive with illegal drugs in your body.
Section 80 makes it illegal to refuse to provide a sample of breath, blood or saliva to test for the presence of alcohol or drugs.
Therefore, the police are never allowed to commit drink- or drug-driving offences in Queensland. If they do, they will be charged with an offence just like any other member of the public.
The post Are the Police allowed to Speed? appeared first on Harper Finch Lawyers.

Nowadays, going out for a few drinks can get pretty expensive.
Drinks, food, clothes, transport… it all starts to add up very quickly!
But do you know what’s even more expensive? Getting into your car at the end of the night and risking driving home while over the limit.
Unfortunately, most people don’t understand the possible consequences of drink driving and the financial and emotional costs that can come as a result. If they did, they would almost certainly stay away from their cars after drinking alcohol.
Here, we look at some of the costs that can be incurred due to drink driving.

Financial Costs
If you are guilty of drink driving, it is almost certain that you will be ordered to pay a fine. The amount of the fine will depend on how high your alcohol reading was, your previous traffic history and so on.
If you are lucky, the fine might only be a few hundred dollars. However the fine could end up being thousands of dollars – for that price, you could have hired a helicopter to fly you home instead of drink driving!
You will also be required to pay court costs (called the “Offender Levy”) which is over $100. The court has no power over this as it’s a mandatory expense imposed by the Government.
In addition, many drink drivers are caught by the police because they crashed their cars, often causing thousands of dollars damage. In these cases, insurance companies will not provide you with any assistance if you caused damage while drink driving.
Lastly, you may be required to install an Alcohol Interlock Device into your vehicle before you can get your licence back after being disqualified. These cost thousands of dollars and every car you drive during the relevant period must have one installed.
After counting up all the costs, suddenly getting an Uber seems quite cheap!
Loss of Licence
Many people don’t realise that a licence disqualification must be ordered for drink drivers in Queensland.
The shortest possible disqualification is one (1) month. However if the offence was serious enough or if you have previous history of traffic offences, you could face a licence disqualification of several years.
A licence disqualification is extremely serious. It means that you cannot drive your children to school or to medical appointments. You cannot go grocery shopping or visit friends.
If you take the risk of driving while disqualified, you will commit a disqualified driving offence and face a further disqualification of two or more years.
The Loss of your Employment
Even though we now have many different options to get around with a driver’s licence, the reality is that many of us still rely on our licence to drive for  work.
If you lost your driver’s licence, would you be able to keep working?
Although the court may grant certain drink drivers a work licence in certain circumstances, you may personally not be eligible. It is also up to the court whether to grant your application or not. Therefore no one should think of a work licence as being a “back up” option.
In addition to the risk of losing your job because of a licence disqualification, your employment may be terminated due to a recorded conviction. Even though drink driving is not a criminal offence, some employers might take a DUI conviction into account when deciding whether you should be hired or promoted.
The Loss of your Freedom
You can also be sent to jail for drink driving. This might be because of a long history of previous drink driving offences or committing other serious offences.
In the most serious cases where someone is injured or killed due to drink driving, a lengthy jail sentence of many years is almost unavoidable.
The Loss of your Relationships
Unfortunately, many relationships end because of drink driving offences.
Often, this is because the stress of going to court and then being punished becomes too much for the offender and they develop anxiety or depression.
It may also be because the innocent partner simply finds it too difficult being in a relationship with someone who has no licence or no job.
What Can You Do?
The way to avoid these costs is simply – don’t drink and drive.
Obviously, avoiding alcohol completely is the best option. However if you are drinking and then need to get somewhere, order an Uber or call a friend to pick you up.
Otherwise if you do take the risk and drink drive, that journey might be the most expensive trip you’ve ever taken.
 
The post The True Cost of Drink Driving appeared first on Harper Finch Lawyers.

Whenever we represent a new client who has been charged with a traffic offence, one of the questions that we always ask ourselves is whether they should attend a defensive driving course. In almost all cases, our opinion is that they SHOULD attend such a course and we will then recommend an appropriate course for them to complete.
Defensive driving courses are important for a number of reasons:

It shows the magistrate or judge that our client is willing to go that ‘extra step’ to avoid committing similar types of offences in the future;
It almost always improves the penalty that our client receives and our client is of course extremely grateful for this, particularly when the penalty will often involve a licence disqualification.

More importantly though, we believe that these courses are important for the safety of our clients and the public generally.
Young drivers may not have had enough experience with driving to know how to handle driving under different conditions. For example, driving during a thunderstorm is very different to driving on a bright and sunny day and drivers need to know how to handle both situations.
For older drivers, it can be easy to fall into the trap of assuming that they know what they’re doing because they’ve been driving for so long. Unfortunately with the passage of time, it is easy to become complacent when driving and to forget all the little rules and techniques necessary to drive safely.
This is where defensive driving courses play such an important part.
It doesn’t matter whether you’re 18 and on your Provisional licence or if you’ve been driving for 50 years already. It is almost certain that you will learn something new by attending a defensive driving course.
The courses themselves can range from a few hours of theory one evening to a full day which includes both theoretical and practical components. They are all good however some may be more appropriate than others.
Most people don’t attend a defensive driving course until they have already been charged with a traffic offence. We recommend that ALL driversfind the time to attend a course – it may help you to avoid being charged in the first place and it may just save your life one day.
 
Queensland Traffic Offenders Program
The Queensland Traffic Offenders Program (or “QTOP” for short) is one of the most well known courses in Queensland and has been running since March 2006.
The program requires a commitment of a few hours one evening each week for three weeks. If you are willing and able to attend different locations, you can even complete the program in 1.5 weeks.
It takes place in Nerang on Tuesday evenings and Mt Gravatt on Wednesday evenings and costs $185 (inc GST).
Topics that are covered include:

Safe driving;
Emergency services;
Substance use;
Legal issues; and
Insurance cover.

Since this program takes place in the evenings and has two different locations, it is good for participants who work during the day and do not have the time to devote a whole day to attending a course.
If you want to attend QTOP, bookings are essential so make sure you visit their website to find out how to register.
 
Attitudinal Drivers Workshop
The Attitudinal Driving Workshop (“ADW”) was developed as a way to educate the community about safe driving and is designed to be accessible to anyone who wants to attend. For this reason, the only ‘cost’ is a gold coin donation of $2 to cover costs.
The ADW runs for just a few hours on one Monday each month. Although this means that there aren’t many courses that are run, it only takes a few hours and is therefore perfect for those who have limited free time. It is also ideal for those who don’t have much to spend on program fees.
Many of our clients have provided very positive feedback and have described how confronting this workshop can be. Its purpose is to make it very clear just how devastating the consequences of making poor decisions can be, not just on the driver but on the wider community as well.
To find out how to register, you can either visit the website or their Facebook page.
 
S.A.V.E Traffic Offender Program
The S.A.V.E Traffic Offender Program (“S.A.V.E”) has been running in New South Wales for a number of years however they have recently been granted approval to bring their program to Queensland.
They are currently running their programs in Brisbane City which makes it very convenient for participants. They are also hoping to open further programs in:

Caboolture;
Ipswich;
Logan;
Beenleigh;
Gold Coast.

Unlike other programs, S.A.V.E runs for a full day. Fortunately, it is held on Saturdays which makes it accessible for most people who work Monday to Friday.
The cost is $160 and the program cover the following topics:

What the law says;
Traffic and highway patrol;
Rescue;
Driving under the influence;
Roads, vehicles and insurance; and
The real casualties.

If you want to attend S.A.V.E, you can visit their website to find out more information.
 
Paul Stokell’s Defensive Driving Course 
Unlike the courses discussed above, Paul Stokell’s Defensive Driving Course is a much more “hands on” experience.
It runs for 7 hours and covers a wide range of topics.
The theoretical subjects include:

Defensive driving ‘What it means and how it is achieved’
Evaluation of the main part of the car – the driver
Driver attitude
Practical Road Safety Tips
Explanation of safety features of modern cars and how to use them
Tyres and their importance in driving safety
Vision skills
Basic vehicle dynamics and skid control

 
In addition to the theory, participants get a chance to test their new knowledge by getting behind the wheel and applying it in real world situations.
The practical subjects include:

Assessment of vehicle condition
Seating & steering
Emergency braking with & without ABS
Emergency lane changes
Reaction times and their effects on stopping distance.
Vehicle handling / steering techniques

The cost for this program is $179 which is very reasonable when you consider just how much you will learn about how to be a safe driver.
Visit their website to find out more information about attending.
 
Charged With a Traffic Offence?
At Harper Finch Lawyers, we are very familiar with a number of different courses in Brisbane and throughout Queensland and we would be happy to discuss which course might be more appropriate for you.
The post Defensive Driving Courses in Brisbane & Gold Coast appeared first on Harper Finch Lawyers.

When a person is convicted of a crime in Queensland, they will be sentenced to an appropriate punishment. This could be anything from a fine to a lengthy jail term.
Generally speaking, judges and magistrates have the power to decide what sentence should be given. The sentence however must be consistent with the law and also within an appropriate range.
This means, for example, it is simply impossible for a person to get a fine for murder. On the other hand, it is impossible for a person to go to jail for public urination.
When deciding what sentence should be imposed, the court has to take into account a number of different factors and the Penalties and Sentences Act provides guidelines to assist the court in considering these factors.
Some of these factors are referred to as “mitigating circumstances” and we will review these below.

What Does “Mitigating Circumstances” Mean?
The term “mitigating circumstances” means factors which may reduce punishment after conviction.
They are factors which the court should take into account to reduce the penalty that it would have otherwise imposed.
The law in Queensland specifically states that the court must pay attention to “the presence of any … mitigating factor concerning the offender”. Therefore, if a court fails to take into account a mitigating circumstance, it may impose an incorrect or even unlawful sentence which could be later appealed.
Examples of Mitigating Circumstances
There are a number of different mitigating circumstances that a court can take into account. Some of these include:

Age: A person’s age (whether young or old) may suggest that the penalty should be reduced. For example, a young person may only be starting their future career and a serious penalty may impact this. Alternatively, an older person with no criminal history could argue that the offending was out of character.
Health: A person’s physical or mental health could impact their sentence. For example, a person with serious health issues may be less likely to be jailed than a healthy person.
The seriousness of the offence: The same offences can involve different levels of seriousness. As an example, a drink driving offence with a reading of 0.051% will be treated less seriously than a drink driving offence of 0.251% – even though they are both drink driving offences.
Rehabilitation: A court will take into account an offender’s prospects of rehabilitation (fixing the harm they caused and not re-offending again). An offender’s sentence is likely to be reduced if they can prove that they have taken steps to make things better.

How To Show Mitigating Circumstances
You should do everything possible to increase the mitigating circumstances of your case if you are being sentenced in a Queensland court. It is also important that you produce evidence of these things.
For example, you should seek professional support and/or counselling if you struggle with drugs or alcohol. You can often start this process by speaking with your medical GP for advice and a referral.
You should also get some character references to show that your behaviour was out of character (if this is true). The references can come from friends, family members, work colleagues and so on.
There are countless different ways to show that your sentence should be reduced. Therefore, the best thing that you can do is contact an experienced criminal lawyer to discuss your options.
The post What Are Mitigating Circumstances? appeared first on Harper Finch Lawyers.

If you are facing a drink driving charge in Queensland, it is highly likely that you are concerned about what impact the punishment will have on your life.
The courts have a lot of powers when it comes to sentencing drink drivers. This can include fines, licence disqualifications and even jail.
However, for lots of Queenslanders, their biggest concern might be what impact a drink driving conviction will have on their Blue Card.

What is a Blue Card?
The Queensland Government introduced the Blue Card to ensure that children are safe and protected.
A person will need to go through a strict screening to determine whether they are eligible for a Blue Card or not. If they are ineligible, they may not be able to work with children and young people in certain jobs or volunteer positions.
The Eligibility Process
You must be able to meet certain criteria before you can apply for a Blue Card. As part of this check, your previous history with the law will be examined in detail.
The check will look at factors such as whether you have:

Any criminal history;
Child protection prohibitions orders; and
Any disciplinary action that has been taken against you by certain organisations.

This does not, however, mean that a conviction for any offence will prevent you from obtaining a Blue Card. It will only be an issue if the offence is classified as a “serious” a “disqualifying” offence.
These offences include burglary, supplying dangerous drugs and possessing child exploitation material. You can review the full list here.
Will a Drink Driving Conviction Affect a Blue Card?
Drink driving offences are found under the Transport Operations (Road Use Management) Act – or “TORUM” for short. This legislation deals with traffic offences including unlicensed driving, careless driving and so on.
Importantly, there are no offences listed in TORUM which are included in the list of serious or disqualifying offences.
This means that drink driving is not an offence which can impact a person’s Blue Card.
However, you should keep in mind that a drink driving conviction may have an impact if a person’s general character is under review. Therefore, it is always better to aim for no drink driving conviction being recorded by the court, if possible. Even though this won’t make or break your application for a Blue Card, it will surely make a positive difference.
 
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If you are charged with a traffic or criminal offence in Queensland, you will (almost always) need to attend court. You will then have the option to plead guilty or not guilty to the charge.
However, people sometimes miss their court date and this could be for any number of reasons.
For example, a person may be sick on the day of court and be so physically or mentally unwell that they cannot make it to court.
Occasionally, a person may simply be disorganised and forget that they have a court date. This often happens when the person is heavily intoxicated when being charged with the offence. They wake up the next morning and don’t remember that they were in fact charged with an offence.
If you think that you will miss a court date for any reason, or if you think you might have already missed an appearance, it is important that you understand what might happen to you as a result and what you should do to fix the problem.
 
The Penalties for Missing a Court Date
If you fail to attend court at the required time, the consequences can be serious.
If it was your first court appearance for your case, the magistrate will likely issue an arrest warrant. This means that the police have the power to find and arrest you and bring you before the court for failing to appear.
You will then need to explain why you missed court. If you are unable to provide a good enough reason, you will be punished by the magistrate. Ordinarily, this would involve a fine for the first time you fail to appear. However, if you have a history of failing to attend court, a magistrate can impose a more serious punishment which can include imprisonment.
If it was not your first time in court and you had previously been granted bail for the offence, you can be charged with breaching your bail conditions. This is seen as contempt of a court order and is treated very seriously.
In addition to being given a punishment such as a fine or jail, you may also need to convince the magistrate that you deserve to be given bail again. This can be difficult if you have just breached your bail conditions.
 
What To Do If You Fail To Appear
If you fail to attend court when required, the first thing you should do is seek legal advice. An experienced criminal lawyer will be able to provide you with advice and possibly appear in court with you to explain why you did not attend court.
If you have any documents which explain why you did not attend, you should make sure you get these. This could include, for example, a medical certificate from your doctor.
Lastly, you should surrender yourself to the police or the local courthouse. You should do this as soon as possible, especially if you know that a warrant has been issued. It is a much better option than being arrested by the police and taken to court.
 
The post What Happens If You Miss a Court Date? appeared first on Harper Finch Lawyers.

“You have the right to remain silent”.
This is a phrase we hear so often that it’s almost become a cliché. In fact, if you were to ask someone to name a legal right that they know they have, they would probably tell you that they have the right to silence.
Despite this, we at Harper Finch Lawyers are concerned by how many people don’t exercise their right to silence, leading to all sorts of problems with their case later on.
In this article, we look more closely at the right to remain silent and just why it’s so important to exercise your right.

What Is The Right To Silence?
If you have been accused of committing a criminal offence in Queensland, you have a general ‘right to silence’. In other words, you have the right to not answer any questions that you are asked by the police. This is a fundamental right within the Queensland criminal justice system and is recognised by law.
 
Why Stay Silent?
In the unlikely event that you are being questioned by the police for a criminal offence, you might feel that you are doing the right thing by cooperating and assisting the police with their inquiries. While cooperation can be a mitigating circumstance if you end up being sentenced in court, answering questions can result in you being in a much worse position than if you stayed silent.
Here are some examples why it’s so important to remain silent:
Example 1:
The police are required to follow strict safeguards to ensure that they do not act outside of their powers. Imagine, for example, if the police had the power to simply enter your home anytime they wanted to conduct a search, without any information that you may have committed an offence. These safeguards ensure that your rights as a law-abiding citizen are protected.
However if the police question you about the commission of an offence and you admit guilt, you may have unknowingly given up your rights to be protected by those safeguards. This could allow the police to act beyond their ordinary powers which is something to be avoided at all costs.
Example 2:
Another example of why you should remain silent is that you could give information to the police which results in additional criminal charges. For instance, the police might be questioning you about a small amount of drugs you were found in possession of. During questioning, the police may ask you why you were in possession of the drugs and, trying to cooperate, you admit that you were on your way to sell it to a friend. This admission would almost certainly result in you being charged not only with possessing the drug but also supplying drugs (which is a much more serious offence).
Example 3:
A third example of why you should remain silent is that you might end up simply doing the police’s job for them. The police may want to question you about an alleged offence knowing that they might not have enough evidence to actually charge you with the offence. If you make any form of admission while being questioned, you are helping the police to prove their case against you. However if you had remained silent, the allegations might have gone away.
Example 4:
A final example is that many people feel threatened and intimidated when dealing with the police, or they may suffer from some form of mental illness. In these situations, a person could say things to the police which they did not mean to say or which might not be true. The police however will make a note about anything said to them and it then becomes extremely difficult to explain why those statements might not have been accurate or true.
It is therefore essential that you exercise your right to remain silent at all times.
 
Are There Any Exceptions?
There are some circumstances where you do have to answer questions. For example, you have to tell the police your name and address if asked. If you are in a car accident, you also need to answer questions about why the accident might have happened.
There are other circumstances where you might be required to answer questions, even if you don’t want to.
If you fail to answer questions when you are required by law, you may face criminal charges. It is therefore important that you seek legal advice from an experienced criminal lawyer as soon as you find out that the police want to talk to you.
 
How Do I Exercise My Right To Silence?
If the police want to question you about an alleged offence, all you need to say to them is “I have nothing to say”.
The police may try to pressure you into talking to them. If this happens, you can either just repeat the above phrase or alternatively simply say nothing. You can also tell the police that you won’t be saying anything further until you have obtained legal advice. This is often enough to convince the police not to ask further questions.
 
Will My Silence Be Regarded As Guilt?
Many people are concerned that they will be presumed guilty if they don’t try to present their own version of events to the police. They think that anyone who is truly innocent would do everything in their power to convince the police of their innocence.
In reality, your right to remain silence is protected by law and no one is allowed to regard your silence as an admission of guilt.
The police have the ultimate responsibility of proving that you are guilty – it is not up to you to prove that you are innocent by presenting your own version of events.
 
What If I Want To Cooperate?
There are times when cooperating with the police can be to your advantage. Cooperation with the police (along with an early guilty plea) can result in a reduction in the penalty a person receives when being sentenced in court. This is because it shows a person’s apparent remorse for their offending behaviour.
If you want to cooperate and provide a statement to the police, our view is that you will have plenty of opportunities – after you have sought legal advice.
 
The post You Have The Right To Silence – Use It! appeared first on Harper Finch Lawyers.

It is a well-known fact that it is a crime to possess certain items in Queensland.
For example, the Weapons Act makes it illegal to possess weapons such as a switchblade knife.
It can also be a criminal offence under the Summary Offences Act to possess certain items if they are to be used for committing other offences, such as burglary or unlawful use of a vehicle. This could include a crowbar, for example.
The laws relating to possessing dangerous drugs in Queensland is quite clear and these are outlined in section 9 Drugs Misuse Act.  In summary, it is an offence to possess dangerous drugs (such as cocaine, marijuana etc) unless the person has a lawful excuse.
What is less-known however is that you do not need to physically be in possession of dangerous drugs to be charged with being in possession. In fact, they do not even need to be your drugs. This unusual rule is called “deemed possession”.
What Is Deemed Possession
The relevant law about drug possession states that “a person who unlawfully has possession of a dangerous drug is guilty of a crime”.
However more detailed information about possessing drugs is found in section 129(1)(c) Drugs Misuse Act. This section states that if drugs are found in or on a place that is owned or under the control of a person, that person can be charged with possessing the drugs.
In practical terms, this means that you can be charged with possessing drugs if the police search your vehicle and drugs are found in the boot.
This law also has serious consequences for people who own or rent a home that has drug users visiting. If those visitors leave drugs at the residence, the owner/renter can be charged with possessing the drugs.
If you are deemed to be in possession of drugs, you can be charged and convicted as if you were in fact the owner of the drugs.
Is There a Defence?
The law provides a defence which states that a person will not be guilty of the offence if they can prove that he or she neither knew, nor had reason to know, that the drug was in or on the place.
This defence, however, creates a serious issue for anyone wanting to rely on it.
Unlike the standard rule that the police need to prove their case against an accused, this defence requires the accused to prove that they did not know about the drugs.
The problem is that it is extremely difficult to provide evidence that you did not know something!
Alternatively, an accused may be able to argue that there was no reason for them to suspect that the drugs were present. Again, this can be difficult to prove.
How To Avoid Being Charged With Deemed Possession
The best way to avoid being charged with possessing dangerous drugs is, of course, to avoid drugs altogether.
However, as this article shows, you also need to make sure you don’t get charged with possessing someone else’s drugs.
You can take steps to avoid this by knowing more about your friends or visitors. If you suspect that they be in possession of drugs, you can ask them to not bring them into your house or car.
If you lend your car to someone or let someone stay in your home while you are away, you can also ask them whether they have left anything that may be illegal.
We understand however that these steps might not be so easy in real life.
Therefore if you face being charged with possessing dangerous drugs (whether your own or someone else’s), you should seek legal advice immediately. An experienced criminal lawyer will be able to help you navigate the criminal justice system to get the right outcome.
 
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In today’s digital age, it is normal to turn to the Internet to find answers for our everyday problems.
What is the weather forecast? Check Google.
How to make banana bread? Check Google.
Who won the last season of The Bachelor? Check Google.
There is no denying that the Internet is an incredible source of information with information on almost any topic imaginable.  It is a valuable resource and we always recommend that people who face criminal charges do some basic research to better understand their situation.
It is however important to understand that there is a lot of false information on the Internet or information that might appear to be relevant to you but is not. This can have serious consequences if you make life-changing decisions based on this potentially incorrect information.
Below, we look at some of the main reasons why you shouldn’t get legal advice from Google.
 
Outdated Information 
Laws are constantly changing.
The Government may decide that a new criminal offence should be in place, so they create a new law. Or, it may increase the penalty for an existing criminal offence to reflect the seriousness of the offence.
These changes can literally happen overnight.
Therefore, unless a website is constantly being checked and updated, it is highly possible that the information on that site is outdated, especially when it comes to websites displaying legal information.
If you are researching your criminal charges online, make sure that you check the date when the article was published.
For the most current legislation, you can visit the Queensland Government Legislation site which will always be a reliable source.
 
Different Places = Different Laws
Each country has its own unique local laws which usually do not apply anywhere else in the world. If a country is made up of different States, they will usually have their own individual laws as well.
In Australia, each State and Territory has its own set of laws that, although similar, are often different to the others. This means that the laws in New South Wales are not the same as the laws in Queensland and vice-versa.
This can cause serious problems if you are doing legal research about your case without first checking which jurisdiction applies. If you read that you will receive a particular punishment in New South Wales for drink-driving, you may be shocked when you receive a completely different outcome because you’re actually appearing in court in Queensland.
Therefore, the best thing that you can do is contact a criminal lawyer from the State or Territory where you will be appearing in court.
 
Beware The “Hard Sell”
It is an unfortunate reality that some lawyers are more interested in getting your business than providing you with genuine advice.
You can tell who these lawyers are when you visit their website and it gives the impression that you face a jail sentence no matter what offence you have been charged with – and only they can keep you out of jail.
They use fear and intimidation to convince you to hire them and they do this by presenting biased information.
If you’re facing criminal charges, you need to hear the truth about your case. Therefore, you should always look at a website and ask yourself whether it appears to present the information in a clear, unbiased way.
If you are in doubt, you should contact a lawyer directly so that you can explain your case in detail and then receive personalised advice.
The Internet is a goldmine of information, but it can also be a minefield if you don’t tread carefully. We certainly recommend that you spend some time researching your case online, but you should not just rely on Google for legal advice.
The best thing you can do is to speak with an experienced criminal lawyer. This will ensure that you receive legal advice that is current and that applies to your personal situation.
 
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If you are stopped by the Queensland police, you may be tempted to pull out your mobile phone to record them interacting with you. By doing so, you would have a video record of what was said and done by the police in case there was a dispute later.
However, do you know if you are in fact legally allowed to record the police? Do you know what your rights are if you are ordered to confiscate your phone?
These are the questions that we explore in this article.
Recording the Police
In Queensland, there is no specific law that states that you cannot film the police while they are carrying out their duties in public. This means that you have the right to record them, regardless of whether they are dealing with you or someone else.
As a result, the police do not generally have any of the following powers if they see you filming them:

Confiscating your phone;
Asking you to stop recording;
Telling you to delete your images or videos.

There are, however, certain situations where recording the police might not be allowed or where the police may have certain specific powers.
Obstructing the Police
It is a criminal offence in Queensland to obstruct a police officer in the course of their duties. If you do unlawfully obstruct a police officer, you face fines or even possibly jail.
Therefore, if you are filming the police while they are carrying out their duties, but you are also obstructing them at the same time, you can be arrested and charged with the offence of obstruction. As a result, it is important that you do not get in the way of the police while you are recording them.
Filming Surveillance Officers
If police officers are carrying out surveillance, their safety and well-being will be considered as being a priority. This is a simple matter of security due to the highly dangerous covert work that they do.
Therefore, if you are seen filming surveillance officers, it is likely that the police will be able to exercise their powers to either order that you stop recording or alternatively confiscate your phone.
Evidence of a Crime Being Committed
The police may also attempt to confiscate your phone if they believe that it has evidence showing the commission of a crime.
Section 29(2)(a) of the Police Powers and Responsibilities Act  states that the Queensland police can seize anything from a person “that may provide evidence of the commission of an offence”. However, before they exercise this power, they need to reasonably suspect that it is necessary to search that person without a search warrant.
The above law therefore does not give the police random powers to confiscate a mobile phone, even if they believe it has evidence of a crime being committed.
What to Do If Challenged by The Police
Many people (including police officers) assume that you cannot record someone in public unless you have their permission.
If the police approach you and asked you to stop filming them, you should politely tell them that you are not getting in their way, but you will keep recording.
If they continue challenging to challenge you, tell them that you would like to contact your lawyer for legal advice.
Also, you should attempt to upload the footage to a secure online storage service such as Dropbox. This will ensure that your recordings are safe, even if the police delete them from your phone.
 
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If you have been charged with a traffic offence in Queensland, you potentially face serious consequences. These could range from a lengthy licence disqualification to actual imprisonment. It is therefore important that you seek legal advice to ensure that your rights are protected and that you receive the correct outcome.
The best thing that you can do is to hire a lawyer to represent you throughout your case. An experienced traffic lawyer will know the laws and the procedures to ensure that you get the best results.
Sometimes, however, a person simply cannot come up with the funds needed to hire a private lawyer. In such situations, the Queensland Government can provide assistance through Legal Aid Queensland which will cover the fees for a lawyer to represent you in court for free.
Legal Aid funding is not automatically granted though. Legal Aid Queensland will only grant funding to certain applicants and its decision will be based on several different factors. The most important factors it will consider are:

The type of case that a person needs assistance with; and
The applicant’s financial circumstances.

 
What Cases do Legal Aid Queensland Fund?
Legal Aid Queensland can provide funding for a wide range of cases, including family law and civil law cases.
Relevantly, Legal Aid Queensland also provide funding for criminal law matters including traffic offences such as drink-driving, drug-driving and unlicensed driving.
Therefore, a private lawyer can be funded by Legal Aid Queensland to represent you in court for traffic offences.
This does not however mean that all traffic offences are covered by Legal Aid. In fact, they have a specific policy which states that “legal assistance is not available for minor traffic prosecutions”.
Therefore to be eligible for legal aid funding for a traffic offence, you need to be able to show that you face a real likelihood of being sentenced to actual jail for the first time or, if not your first time, for a period of six months or longer.
As a result, most people who have been charged with a traffic offence in Queensland will not be eligible for Legal Aid funding since they will not face imprisonment.
 
Are You Financially Eligible for Funding?
If you have been charged with traffic offences and you face the prospect of an actual jail sentence, the next step is to review your financial circumstances.
Legal Aid Queensland have two tests that they apply to examine a person’s financial circumstances:

The Income Test; and
The Assets Test.

 
The Income Test
Applicants for Legal Aid are required to disclose their income from all available sources, including salaries, income from insurance payouts, child support payments and rental income from investment properties.
Legal Aid Queensland will then consider your total income along with whether you are married and/or have children. If your income exceeds the allowable limit, your application for funding will ordinarily be denied.
The Assets Test
Similarly, you will need to disclose all the assets you own including real estate, cash and vehicles. Funding may still be granted if your assets exceed certain amounts, but you will be expected to contribute an amount towards the legal fees.
There are special conditions and exceptions that apply to the assets test. For example, certain amounts of assets are not included in the calculation of a person’s assets. A person’s age can also have an impact on the assets test.
What If Your Application is Refused?
If your application for Legal Aid funding is refused, you can appeal the decision. Legal Aid Queensland will then carry out an “internal review” to decide whether the refusal was appropriate.
If the internal review decides that the refusal was appropriate, you can then request an “external review”. An External Review Officer will go through the application to decide whether it should have been granted or not.
If all of these options are unsuccessful, the decision is final and you will not receive financial assistance from Legal Aid Queensland.
There are however other community-based legal organisations that may be able to help. They can provide you with free legal advice about your case but will not be able to provide representation.
If you think that you may be eligible for Legal Aid funding, we are a Legal Aid Queensland preferred supplier which means that we can help. Contact us now so that we can discuss how we can assist you.
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It is well known that drink driving in Queensland is a serious offence. The police are constantly issuing warnings about the dangers to the community of driving under the influence of alcohol and drivers are taught right from the beginning that it is an offence to drive over the blood alcohol limit.
Despite this, thousands of Queenslanders are still caught drink driving after they fail a breath test when required by a police officer.
In this situation, it is not surprising that their first concern is what punishment they will receive and whether they are likely to go to jail.
This article will outline what the Queensland laws are when it comes to drink driving and going to jail.
Can You Go To Jail for Drink Driving?
The law is very clear that it is possible to go to jail for a drink driving offence. For example, the penalty for a “high range” (0.15% or above) DUI charge is a fine of up to 28 penalty units or imprisonment for a term not exceeding 9 months. A lower range offence can lead to a prison sentence of up to 3 months.
In more serious cases where a driver already has previous history of drink driving, the maximum possible jail sentence is increased to 1 year.
Is Jail Mandatory?
In most cases, the court will have the power to decide whether a person should be given a prison sentence for drink driving. Instead of sending someone to jail, the court might impose a fine or order that the offender complete a community based order such as probation.
However, a jail sentence is mandatory in some specific situations.
Two Previous Offences – Same Type
A court must impose a jail sentence if a person is convicted of a high range drink driving offence and, in the five years before they were convicted of that offence, they were also convicted of two previous offences of:

High range drink driving; or
Any offence involving a motor vehicle if the case was dealt with in the District or Supreme Court; or
Dangerous driving if the case was dealt with in the Magistrates Court.

Example 1: John pleads guilty to drink driving with an alcohol reading of 0.158%. Within the last five years, he has two convictions for the same offence. In this case, John would be given a mandatory jail sentence.
Example 2: Jane pleads guilty to drink driving with an alcohol reading 0.172%. Within the last five years, she has one conviction for a high range DUI offence and one conviction for a low range DUI offence. Here, jail would not be mandatory (but could still be a possible outcome).
Two Previous Offences – Different Types
A prison sentence must also be imposed if a person is convicted of a high range drink driving offence and they have previous history within the last five years of:

High range drink driving and any offence involving a motor vehicle if the case was dealt with in the District or Supreme Court; or
High range drink driving and dangerous driving if the case was dealt with in the Magistrates Court; or
Any offence involving a motor vehicle if the case was dealt with in the District or Supreme Court and dangerous driving if the case was dealt with in the Magistrates Court.

Example 1: Mary pleads guilty to a high range offence and, in the last five years, has a District Court conviction for a robbery charge involving a getaway vehicle and also a dangerous driving charge that was finalised in the Magistrates Court. Mary would receive a jail sentence for the most recent DUI offence.
Example 2: Mike pleads guilty to a high range offence. In the last five years, his only history is a conviction for a single dangerous operation charge that was dealt with in the Magistrates Court. He would not automatically receive a prison sentence for the DUI offence.
How To Avoid Actual Jail
Even though jail is mandatory in some cases, it does not mean that you must actually go to jail. The law simply states that a jail sentence must serve some, or all, of your punishment.
There are various forms of prison sentences. The most commonly understood form is where a person has to actually serve time in a jail. However, a prison sentence can also be “wholly suspended” or a person can be given granted “immediate parole”. In both of these situations, the convicted person will receive a jail sentence but will not need to serve any actual time in custody.
To give yourself the best chance of avoiding going to jail, you need to be extremely well-prepared for court. This might involve you attending a safe driving program, obtaining some glowing character references or meeting with a psychologist.
There is definitely a risk that you might go to jail for a drink driving offence but it’s not a guaranteed outcome. If you think that you are facing a jail sentence, we strongly recommend that you contact us immediately to discuss how we can help.
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It is no secret that Queenslanders love their pets. In fact, around 37% of Queensland households own one or more dogs and about 26% own one or more cats. Many more people own fish, birds and other animals.
Queenslanders also love their car trips, whether it’s just to their local supermarket or on a long road trip to Sydney. It’s therefore no surprise that many drivers want to bring their pets along for the ride.
But do you know what laws apply to you if you have your pets in your car while driving? Do you know how to keep your pet safe while they are in your car? Read on to find out all the answers.
Driving With Pets On Your Lap
It’s not uncommon for drivers to see other drivers driving with their pets (usually dogs) sitting on their laps.
This is actually an offence under section 297(1A) of the Queensland Road Rules which states that “a driver must not drive a vehicle if a person or an animal is in the driver’s lap”. Therefore, it doesn’t matter whether it’s your Great Dane or your goldfish in a small bowl – it is against the law in Queensland to drive with it on your lap.
This offence is punishable by a fine of up to 20 penalty units which is more than $2,000.
Restraining Pets In Your Car
Many people assume that it is a legal requirement to restrain animals when they’re being driven. Surprisingly, there is in fact no law in Queensland that states you must restrain your pet when you’re travelling with them in your car.
However just because you don’t legally need to restrain your pet, it is still strongly recommended that you do it anyway.
Firstly, you can be charged with an offence if the animal interferes with your driving in any way. For example, your pet dog might jump onto your lap causing you to be distracted. If this happens and you cause an accident, you could be charged with careless driving or even dangerous driving.
Secondly, restraining your pet is important for its health and safety as there is a very real risk of your unrestrained animal being hurt or killed. In Australia, more than 5,000 pets are injured or killed every year as a result of road accidents. Therefore, if you are in an accident or if you are forced to brake suddenly, a properly fitted restraint may help to prevent your pet from serious injuries.
Driving With Pets In The Back Of A Ute
You are legally allowed to drive with pets in your ute tray as long as they are properly restrained. This is especially important due to the extra risks that pets in utes face. These risks include:

Falling over the side of the ute onto the road;
Falling over the edge and choking on their leash; and
Exposure to extreme weather elements such as heat.

It is also a law requiring that all loads in the back of a ute be properly secured and animals in utes are considered a “load”.
How To Restrain Your Pet
The most appropriate way to restrain your pet will obviously depend on the animal you’re transporting. Your best option is to speak with your local pet shop so that you can receive proper advice for your pet. Some of the options that may be available to you include car harnesses and pet carriers.
If you have a ute, your best option is likely to be an enclosed cage that is big enough for your pet to move around in and covered for shelter.
You should also always try to restrain your pet in the back seats instead of the front passenger seat. Most cars nowadays have airbags in the front passenger seats which could cause serious injury to your pet if activated following an accident.
Lastly, be careful about driving with windows that are too wide open. You should ensure your windows are closed enough to avoid any chance of your pet jumping out.
Driving with pets can be a fun and rewarding experience but make sure you follow the above tips to avoid your trip becoming a disaster.
 
 
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If there is one thing that seems to infuriate Queensland drivers more than anything else, it’s receiving a speeding fine. Whether it’s being pulled over on the side of the road by a police officer with a handheld radar or opening up a letter containing a speeding fine, no one likes finding themselves in this position.
Unsurprisingly, we get a lot of people contacting us to find out whether it’s worth fighting their speeding fine and, if so, what’s actually involved with taking it to court.
Our advice about whether it’s worth fighting a speeding fine usually depends on each person’s reasons for wanting to fight it in the first place. For some people, they’re at risk of losing their driver’s licence due to demerit points or because of a high-speed offence (more than 40km/hr above the speed limit). For others, they are worried about how they will pay the fine. Lastly, there are those who simply want to fight the fine out of principle.
We therefore thought that it would be helpful to review some of the factors you should consider when deciding whether to fight a speeding fine or whether you should simply pay the fine and put it behind you.
Are You Actually Guilty?
The first issue (and arguably the most important) is whether you are actually guilty of the speeding offence or not. Sometimes, it’s difficult to know the answer to this. For example, you might receive the fine weeks after the offence was allegedly committed and there may be multiple vehicles in the photo.
In other cases, you know you’ve done the wrong thing and there’s no question about whether you were exceeding the speed limit or not.
It is important to know whether you are actually guilty or not because this may determine the strength of the police case against you. If you know that you were not speeding, the police case will likely be a lot weaker and therefore easier to contest. However if you know that you were in fact speeding, it will be much harder to fight the fine as the evidence against you will be much stronger.
It is however also important to understand that the police case against you might not be that strong, even if you think that you actually were speeding. The police are required to prove that you were speeding and if they do not have all the required evidence, their case against you will be significantly weakened.
It is recommended that you seek legal advice to discuss whether you are likely to be found guilty or not guilty.
It Takes Time
Many people do not realise just how much time it can take to fight a speeding fine in court. In reality, you should allow for three or four days (or more) actually in court and the entire process can take many months from start to finish.
After you indicate that you want to take the speeding fine to court, you will be given an initial court date. If you have a lawyer representing you, you will receive priority at court and your case will be heard quite quickly. Otherwise, you will need to wait in the courtroom until your name is called. At that point, you will need to confirm that you want to plead not guilty and proceed to trial.
There will likely be a few court appearances after your initial court date so that you and the police can update the magistrate about how the case is proceeding. Again, you may be waiting for most of the day for your case to be heard.
After perhaps four or five months, you will appear in court for your trial. There will likely be several trials listed for the same day and in the same court and you might not get priority (people represented by lawyers almost always get priority). As a result, your trial might only take place in the afternoon or, even worse, it may be adjourned to another day if the court does not have the time to hear your case.
It is therefore important that you consider the impact of this on your family and/or employment.
You May Receive a Worse Punishment
When you receive a speeding fine, the fine itself will indicate how much you will need to pay if you accept the fine.
However if you take the speeding fine to court and you are unsuccessful in fighting it, the magistrate is not required to impose the same fine as what was written on the ticket. In fact, the magistrate has the power to impose a fine exceeding $4,000 plus court costs.
In addition, the magistrate also has the power under s187 Penalties and Sentences Act to disqualify your driver’s licence immediately at court. Although this would likely only occur for particularly serious offences, the magistrate may also decide that it’s appropriate based on your prior traffic or criminal history.
Speeding Fine Trials are Complex
Speeding fine trials can be surprisingly difficult. Often, they come down to technical arguments which relate to whether a particular radar device was working properly or not. Other times, the trials will be decided according to complex legal arguments where it will be you versus experienced police prosecutors who may have spent years training for trials just like yours.
For this reason, we strongly recommend that you seek legal advice before contesting a speeding fine, even if you decide to fight the ticket in court yourself.
Conclusion
As can be seen, there are many different things to consider when deciding whether you should fight a speeding fine or not. You are the only person who can decide whether it’s actually worth it or not.
If you are at risk of losing your driver’s licence, there may be other options available and we can discuss these with you. For example, you may be able to apply for a special hardship licence which will allow you to continue driving despite being suspended due to a speeding fine.
Hopefully this guide has assisted you with making a decision about whether you want to fight a speeding fine. If you have any further questions, contact us now to discuss how we can help.
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We’ve all been there. You just need to grab something from the supermarket but you don’t want to bring your child into the store with you. Perhaps they’re sleeping or you just don’t want to disturb them. No matter the reason, there is always the temptation to leave your child in the car while you quickly … Continue reading “Leaving Your Child Unattended”

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If you have been charged with a serious traffic or criminal offence, you have probably spent a lot of time  already thinking about what you can do to improve your punishment if and when you are sentenced. For example, you may have gathered a handful of references from family and friends or you might have attended a … Continue reading “Why You Should See A Psychologist Before Court”

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