Going to court – Driving Law

What Happens After Police Have Charged Me With a Traffic Offence?

Steven Brough — Wed, 19 Aug 2026 05:22:06 +0000

What Happens After I am Charged?

Police will issue you with a “notice to appear” on a little slip of paper. For a drink driving offence, you will also be given a separate “notice of suspension”. The suspension notice will be 24 hours if you are charged with a low range drink driving offence, or, you will be suspended until your matter is resolved in court if it is middle range drink driving offence or higher.

The notice to appear notifies you which magistrates court to attend and when. It will state what the charges are and the time and place of the offence. This is a good time to contact a lawyer to get advice.

If you are caught driving during the police-imposed suspension period, you will face further disqualifications and lose any chance of getting a work licence.

The police will be required to produce an initial document known as a “QP9”. The QP9 will contain what the offence or offences are and what section of the law they fall under. The document will also contain a summary of the facts (which is often inaccurate) constituting the conduct in respect to the offence or offences, and your traffic history (if any).

What Happens at Court?

You will need to attend court to advise the Court of what you wish to do with your charges. You can plead guilty, request an adjournment to negotiate with the prosecution, or plead not guilty. While you can do any of these things yourself, it is generally advisable to get legal representation; the legal system can be complicated and getting experts on your side will make the process a whole lot easier.

Whatever you decide to do, if you are ‘unrepresented’ you may be waiting at court for quite some time. People with legal representatives will get to go first and the order after that is really up to the prosecutor.

If you decide to plead guilty, then there are consequences which flow from that; how long will your disqualification be? Will a conviction be recorded? If you are fined, how much of a fine should you expect? What does the Court take into account when deciding these things? A solicitor can answer these questions.

If you want to negotiate with the prosecution, again, this is usually best done with a solicitor. We know the prosecution’s guidelines and what arguments have worked in the past. It is often worth a try with certain offences, as we have had success in the past getting offences downgraded to less serious versions with lower mandatory disqualifications. We may even be able to get a response before the first court date so you don’t have to go to court for a second time.

Pleading not guilty is always your right, but most traffic offences can be difficult to contest. This is not to say it can’t be done, but it is best to seek advice beforehand.

Conclusion

The foregoing was a brief summary of what happens after you have been charged with a traffic offence. The process can be daunting, especially for people who have not interacted with police or the court system before. While it may be tempting to go it alone, we are confident, through representing thousands of clients, that our guidance will lower the stress of the situation and get you the best result possible.

If you’ve only just been arrested, start with what to do next after arrest, then read what happens at your first court date.

For advice about your own situation, speak with our traffic law lawyers — call 1300 952 255, 7am–7pm, 7 days.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our traffic law page.

What is a QP9 and Why is it Important to Your Charge?

Steven Brough — Mon, 17 Aug 2026 09:31:57 +0000

A QP9 (Queensland Police Form 9 or police court brief) is a document prepared by the Police Prosecutions unit when someone is charged with an offence. The QP9 lists the exact charge with a brief description of the facts which the Police are alleging against you as well as attaching any criminal or traffic history. Depending on what Court your matter is to be heard in, and how busy the Police are, the document will be provided prior to your Court date or at Court.

It is essential to carefully go over the QP9 prior to entering a plea before the Court, as you are not only pleading guilty to the charge but also to all the facts and circumstances surrounding the charge that the Police allege in the QP9, this may include the way you acted towards the Police, things that you said or admitted or information recorded by the Police that you may believe is incorrect or inaccurate. This should be remembered when being charged as harsher penalties or less leniency can apply if the document states that you were rude, unruly, unhelpful etc. Also being aggressive when being charged can easily result in a further charge of resisting arrest or obstructing or assaulting police.

Obtaining the QP9 or having a Lawyer obtain the document for you and having a thorough look over the QP9 before you enter your plea is essential so that if there is any discrepancies they are looked into.

In Court the Police will read out the charge and a brief rundown of their version of events from the QP9. It is then that your Lawyer, or yourself if you are self-represented, can have your say to the Magistrate. If there are significant factors from the QP9 in which you disagree with it may be possible to draft submissions and put them forward to the Police Prosecutions asking them to reconsider the charge or amend what is written in the QP9. A Lawyer can advise you as to the possibility of making submissions and if what the likely chances of the Prosecutor accepting them would be.

Some examples of our success in getting the Police Prosecutions to lower or dismiss charges are:

Our client was charged with dangerous driving whist effected by alcohol and drink driving. A person cannot be charged with both offences, only one or the other. We addressed this with the Police Prosecutions and the result was the charge of drink driving was withdrawn.
Our client was charged with unlicenced driving. At the time that the letter had come from Queensland Transport telling our client his licence was suspended our client had been suffering an extremely traumatic string of events. On these grounds we were able to convince the Police to withdraw the unlicenced driving charge.
Our client was charged with driving under the influence of drugs, being the higher of the two drug driving charges. Upon receiving the drug analysis certificate and after going over the QP9 document we were able to have the Police agree to downgrade the charge to driving with a relevant drug in the client’s system.

In more serious matters it is possible to request a full brief of evidence. This document is like a QP9 but much more detailed and will include any witness statements, CCTV or audio footage. Where applicable it is also possible to request any Police body camera or police vehicle camera footage that may be available.

Needless to say engaging a Lawyer to represent you ensures that all avenues are explored to ensure all aspects are covered and you ultimately receive the absolute best outcome possible.

Here at Clarity Law we appear in the Courts with clients all over South East Queensland. It is this experience that allows us to get the absolute best result for clients. Other law firms simply don’t have the experience that we do and don’t know the Magistrates like we do. We also offer the most competitive prices for representation in Queensland click here to see what we will charge. If you want to engage us or just need further information or advice then Call us on 1300 952 255 seven days a week, 7am to 7pm.

Disclaimer:

The information provided is for informational use only, and are in no way intended to constitute legal advice or to create a lawyer-client relationship, and you should not act or rely upon any information appearing in this article without seeking the advice of a lawyer. Moreover, because the law is constantly changing, the information appearing in this article are not guaranteed to be correct, complete, or up-to-date. Steven and Clarity law only undertake matters in Queensland.

Clarity Law’s liability limited by a scheme approved under professional standards legislation.

Your QP9 is usually the first document you’ll see at your first mention — read what happens at your first court date so you know what to expect on the day.

For advice about your own situation, speak with our traffic law lawyers — call 1300 952 255, 7am–7pm, 7 days.

What to Wear, Bring and Do at Court for a Drink Driving Charge

Steven Brough — Thu, 15 Feb 2024 11:27:00 +0000

Facing a drink driving charge in Queensland can be a daunting experience, but being prepared and organised can significantly ease the process. Going to court requires careful planning and ensuring you have all the necessary documents and items can make a big difference in presenting your case effectively. Here’s a guide on what to wear, what to bring and what to do at court if you’re facing a drink driving charge in Queensland:

Legal Representation: Before anything else, ensure you have legal representation. Having someone to advocate for you and guide you through the legal proceedings is crucial.
Notice to Appear: This is the document that formally notifies you of the charges against you and specifies the date, time, and location of your court appearance. Make sure to bring the original notice to appear with you in case the court can’t locate your paperwork.
Identification: Bring a form of identification such as a driver’s license or passport. Usually this wont be needed but better to have just in case.
Your Drivers Licence: if you plead guilty to drink driving you are required to surrender your licence to Queensland Transport by the day after the court disqualifies you or to the Police Prosecutor at the court.
Evidence of Mitigation: If there are mitigating factors that may have influenced your actions, such as a drinking problem , gather any evidence to show the steps you have taken to get help.
Character References: Character references from employers, colleagues, friends, or family members can help portray you in a positive light to the court. These references should attest to your good character, responsibility, and remorse for the offense.
Proof of Completion of any Mandatory Programs: If you’ve already completed any mandatory programs such as a drink driving education program or a traffic offender intervention program, bring along the certificates or documentation as proof of completion. This demonstrates your willingness to address the issue and take steps towards rehabilitation.

Learn more with our article on Traffic Offender Programs

Pen and Paper: It’s always a good idea to bring a pen and paper to take notes during the proceedings or to jot down any important information provided by your legal representative or the court. This is especially true if you are seeking an adjournment and need to jot down the new court date.
Dress Appropriately: While not a document, it’s essential to dress appropriately for court. Opt for clean and conservative attire to show respect for the court proceedings and to present yourself in a favourable manner.
Any Relevant Legal Documents: If you’ve consulted with your lawyer and they’ve provided you with any legal documents or advice, make sure to bring those along as well as any documents the police gave to you after your arrest like the paperwork immediately suspending your licence and your breathalyser test results. If you are going to be asking for no conviction to be recorded then you might need to bring evidence on this.
A way home: If you plead guilty your licence will be immediately disqualified and you will not be able to drive home.

Remember, preparation is key when facing a drink driving charge in Queensland. By gathering all necessary documentation and being organized, you can present your case more effectively and increase the likelihood of a favourable outcome. Additionally, it’s important to approach the proceedings with honesty, humility, and a willingness to take responsibility for your actions.

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

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

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger

Character References for Traffic Charges

Steven Brough — Fri, 12 Jan 2024 13:06:00 +0000

When facing a traffic law charge in court, the importance of character references cannot be overstated. These references provide the court with valuable insights into the individual’s character, helping judges and legal professionals better understand the person beyond the traffic charges they face. Selecting the right person to vouch for your character is crucial, as their credibility and knowledge about you can significantly impact the court’s perception. In this article, we will explore the qualities that make someone the best person to ask for a character reference in a traffic law case.

Personal Connection

The ideal character reference should have a close and personal relationship with the individual facing charges. This person should be intimately acquainted with the accused’s character, values, and behaviour. Friends, family members, colleagues, or mentors who have spent a considerable amount of time with the individual can offer meaningful insights into their true nature.

Professional Standing

In some cases, a character reference from someone in a professional capacity can carry weight in court. Employers, supervisors, or colleagues can speak to the accused’s work ethic, integrity, and reliability. This is particularly relevant if the alleged offense is out of character with the individual’s professional conduct.

Community Involvement

Character references from individuals involved in community activities or volunteer work can be compelling. Those who can attest to the accused’s positive contributions to the community can help counterbalance the negative perception that may arise from traffic charges. Leaders or organizers of community groups, religious leaders, or mentors can be excellent choices.

Legal Knowledge

Choosing someone with a solid understanding of the legal system and courtroom proceedings can be advantageous. Lawyers, legal professionals, or individuals with experience in traffic justice may be better equipped to articulate the accused’s character in a manner that aligns with the legal context. However, it is crucial that this person genuinely knows the individual and can speak authentically about their character.

Impartiality

Selecting someone who can present an unbiased and objective perspective is vital. While family and friends may be emotionally invested, it’s crucial that the character reference remains objective, highlighting both positive and negative aspects of the individual’s character responsibly.

What traffic charges benefit from a character reference?

Character references can be beneficial in various traffic-related cases to provide the court with additional context about the defendant’s character and behaviour. Here are some types of traffic charges where a character reference might be helpful, along with explanations for each:

Careless Driving
- A character reference for a careless driving charge can present evidence of the defendant’s responsible and careful driving history, potentially helping to show that the careless driving was an isolated incident or out of character.
Drink Driving (DUI)
- In DUI cases, a character reference can be crucial in demonstrating the defendant’s commitment to sobriety, responsible drinking habits (if applicable), and overall responsible behaviour. It can be especially helpful if the defendant has sought rehabilitation or counselling.
Unlicensed Driving:
- For individuals caught unlicensed driving, a character reference can help establish that the defendant is otherwise a law-abiding citizen who may have faced specific circumstances leading to the license issue. It can support the argument that the defendant is responsible and committed to rectifying the situation.
Dangerous Driving:
- In dangerous driving matters, especially if the incident resulted in an accident, a character reference can illustrate the defendant’s general concern for safety and responsibility on the road. It can help show that the incident was an exception rather than a reflection of the defendant’s usual behaviour.
Work Licence Applications:
- A character reference can be used in a work licence application to highlight the defendant’s awareness of traffic laws and commitment to following them. It can provide context for any lapses in judgment, emphasising that such behaviour is not typical.
Special Hardship Application:
- In cases of applying for a special hardship order, a character reference can be instrumental in demonstrating the defendant’s understanding of the severity of the situation and efforts made to rectify the license issue. It can support the argument that the defendant is taking steps to comply with their legal requirements.
Evade Police
- Evade police is a very serious charge and a character reference can be crucial in portraying the defendant as responsible and willing to take responsibility for their actions. It can demonstrate remorse, commitment to making amends, and highlight any mitigating circumstances.

What goes into a character reference for court?

Referee’s full name, including titles or qualifications if applicable.
Full home or business address of the referee.
Explanation of how long and in what capacity the referee has known the person.
Acknowledgment that the referee is aware of the offence and has discussed it with the person, including any expressions of remorse.
Referee’s opinion on the person’s character based on their relationship.
Referee’s opinion on the impact of the offence on the person’s attitude and behavior.
Any specific issues relevant to the referee (e.g., employer commenting on employment status).
Referee’s opinion on the likelihood of the person re-offending.
Any other relevant information deemed appropriate by the referee.

Does the referee need to attend court?

Referees are generally not required to attend Court in person but may choose to do so. Referees should not expect a response or inquiries about their reference.

Is the reference confidential?

It should be Addressed to “The Presiding Magistrate” at the relevant Magistrates Court.
Clearly state why the referee believes the person is of good character and how they are qualified to assess this.
De dated
Must be specific and detailed.

How should the reference be addressed?

Court references are read by the person’s lawyer, the police prosecutor, and the sentencing Judge or Magistrate.
Once handed to the Court, the reference becomes a public document and remains with the Court file.
If confidentiality is desired, the reference should be handed to the defendant in a sealed envelope or forwarded directly to the relevant office.

Conclusion

When seeking a character reference for a traffic law matter, it is essential to prioritize individuals who can provide a comprehensive and honest assessment of the accused. The best character references are those who know the individual intimately, have a positive and unbiased perspective, and can offer valuable insights into their character, values, and contributions to society. Ultimately, a well-chosen character reference can play a crucial role in presenting a more complete picture of the accused, helping the court make a fair and informed decision.

How do I get more help or engage you to act for me?

We have been operating since 2010 throughout South East Queensland.

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

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

How to Appeal a Traffic Conviction in Queensland

Steven Brough — Sun, 24 Sep 2023 09:51:00 +0000

If you have been found guilty of a traffic offence such as careless driving, evading police, unlicenced driving etc, or sentenced to a traffic offence and you do not agree with the decision of the Magistrate, you have the right to make an appeal to the District Court. However, the rules, timeframes, and procedures of appeals are complex and often difficult to navigate. In this article, we describe the process of appeal in simple terms to give you an idea about what to expect if you are thinking about making an appeal.

For the purposes of simplicity, we discuss appeals of traffic convictions in the context of cases heard in the Magistrates Court. All offences contained in the Transport Operations (Road Use Management) Act 1995 and associated regulations, are dealt with in the Magistrates Court. However, there are some traffic offences (such as dangerous operation of a motor vehicle causing death or grievous bodily harm) that are properly criminal matters and must be dealt with in the District Court. The process for appealing a District Court conviction is made to the Court of Appeal.

Please note this article is not intended to provide information about appealing against a speeding fine or other traffic infringement.

Purpose of a Traffic Appeal

The purpose of an appeal is to allow the District Court to correct the error(s) that you claim the Magistrate made which caused them to make a faulty decision(s). This error or errors must be either factual, legal, or discretionary. An appeal is not a “do-over” of your original case. The classic statement of appeals was made in the 1936 case of House v The King:

It is not enough that the judges composing the appellate court consider that, if they had been in the position of the primary judge, they would have taken a different course. It must appear that some error has been made in exercising the discretion. If the judge acts upon a wrong principle, if he allows extraneous or irrelevant matters to guide or affect him, if he mistakes facts, if he does not take into account some material consideration, then his determination should be reviewed and the appellate court may exercise its own discretion in substitution for his if it has the materials for doing so. It may not appear how the primary judge has reached the result embodied in his order, but, if upon the fact it is unreasonable or plainly unjust, the appellate court may infer that in some way there has been a failure properly to exercise the discretion which the law reposes in the court of first instance.

The last observations are important. It may be that, on review of the Magistrate’s decision, a specific error cannot be identified. However, if the result itself (ie, the decision to find you guilty, or the sentencing decision) cannot be reasonably supported by material put to the Magistrate, or by anything said to or by the Magistrate, the District Court may make an inference that the decision made by the Magistrate was damaged by some error.

Process of Appealing a Traffic Conviction

Appeals against traffic convictions or sentences are made to a single judge of the District Court pursuant to s 222 of the Justices Act 1886. The timeframes for filing an appeal and the associated documents with the District Court are strict.

You must file your appeal with the District Court within one month from the date of conviction. If you fail to file your appeal within this month, you must ask the District Court for permission to bring your appeal outside of this timeframe. The court will only grant you permission if you can demonstrate a good reason for filing late. This is not an easy thing to do.

You start an appeal by filing a Notice of Appeal with the District Court. The Notice of Appeal is a document that states your name, the offence for which you were convicted (eg, driving whilst under the influence of liquor, etc), the penalties imposed (fine, drivers licence disqualification, etc), and the basis on which you are appealing (the “grounds” of the appeal). A copy of this Notice must be given to the Office of the Director of Public Prosecutions (the “DPP”). The District Court also provides a copy of this Notice to the Magistrates Court in which the conviction was made.

Once the Notice of Appeal is filed, you have 28 days to prepare and file a written outline of argument. This written outline must state why you believe the original decision of the Magistrate was wrong, how the District Court ought to fix this mistake, and the outcome you are seeking from the Court (eg, to substitute a different sentence, etc). This written outline must be accompanied by any documents that you intend to rely on to prove your argument. These documents must include the court transcript of the proceedings at the Magistrates Court. You must obtain the Magistrates Court transcript yourself and at your own expense.

Once your written outline is complete and filed with the court, a copy must be provided to the DPP. The DPP then has 28 days to file its response to your appeal. The DPP may either oppose your appeal or take no position.

After the written outlines are filed with the Court and copies exchanged, both you as the applicant and the DPP as the respondent sign a Certificate of Readiness. This Certificate must be provided to the District Court within either 14 days of the DPP providing its written outline, or within 42 days from the date you gave a copy of your written outline to the DPP.

Once the District Court receives the Certificate of Readiness, it will give you a date for the hearing of your appeal before a District Court Judge. The purpose of the hearing is for you and the DPP to expand upon your points of view, as outlined in your written submissions, in oral argument. You can expect the Judge to “test” your arguments by offering alternative views and seeing how well you deal with counter arguments.

Common Grounds of Appeal

The most common grounds of appeal for traffic convictions are:

Appealing the conviction itself if you went to trial and were found guilty; or
Appealing the sentences imposed if you plead guilty or were found guilty at the end of a trial.

The most common grounds for appealing the sentences imposed are:

Appealing the decision to record a conviction;
Appealing the penalty (ie, fine, community service, imprisonment, etc); or
Appealing the length of time you were disqualified from driving.

It some rare cases, an appeal may be brought on the basis of more than one of the above grounds; eg, you may appeal both the length of the licence disqualification and the decision to record a conviction.

You may also rely on one or more grounds of appeal that, on the face of it, appear inconsistent; ie, you may appeal against conviction and against the severity of the sentence. This is known as arguing “in the alternative.” The purpose of doing this is to allow you to have one or more “fallback” positions. In other words, if your appeal against conviction fails, you may then go on to argue that the sentence was manifestly excessive. Of course, you can only appeal against sentence if you plead not guilty in the Magistrates Court and were found guilty at the end of a trial. You cannot appeal against conviction if you initially plead guilty. An appeal will not help you if you subsequently changed your mind about how you should have plead the first time.

The Evidence Used in Appeals

As a general rule, appeals of traffic convictions must be based on the evidence relied on in the Magistrates Court. Hence the reason why you must provide the District Court with the transcript of the proceedings before the Magistrate. It is from the transcript that you will point to the mistake that you are asking the District Court to correct. You may also rely on any documents that you provided to the Magistrates Court, such as traffic offender course certificates, character references, medical reports, etc.

However, you may be permitted to give the District Court new evidence, but you must ask the court for permission. If you are granted permission to produce this new evidence, the court may take it into account when deciding your appeal.

For example, suppose you attempted to give the Magistrates Court a medical report in support of why the court should reduce your sentence, but the court refused to accept it. You may appeal the sentencing decision on the basis that the Magistrate ought to have received the report and then taken the contents of the report into account when sentencing you. You may appeal to the District Court on the basis that the Magistrate’s refusal to accept the report was an error that affected the outcome of sentence. If you are successful in this argument and the District Court Judge grants your appeal, the Judge may allow you introduce the medical report at your appeal and re-sentence you, using the contents of the report as mitigating sentence.

This is not the only circumstance in which the District Court may allow you introduce new evidence into your appeal. The legislation does not restrict the court in the use of its discretion. However, you must have a good reason to justify why the court should ignore the rule that appeals are determined on only the evidence provided to the Magistrates Court.

Possible Outcomes of a Traffic Appeal

In simple terms, there are only two possible outcomes of an appeal: either the appeal is dismissed, or it is granted. Nevertheless, if you have claimed several grounds of appeal, you may encounter the situation where the District Court grants the appeal on the basis of one or more of your appeal points, but dismisses the others.

If your appeal is dismissed in its entirety, that is the end of the matter (unless you wish to appeal further to the Court of Appeal).

If the court grants all or some of your appeal, then the court has a few options to correct the error(s) that have been identified by the appeal. Firstly, in cases of appeal against sentence, the District Court may substitute its own sentences for those of the Magistrates Court. In more complex appeals, or appeals against the conviction itself, the District Court may send your case back to the Magistrates Court to be dealt with properly. If you successfully appealed against conviction, that means sending your case back to the Magistrates Court for a new trial.

Conclusion

Appealing a traffic conviction to the District Court is not a simple process. Firstly, you must identify the specific error(s) the Magistrate made, then ensure that you present a clear, logical, concise argument to demonstrate what error(s) was made and how it affected the outcome of your case. District Court Judges do not grant appeals lightly, and you can expect that they will scrutinise your argument carefully.

This is why it is important to get expert legal advice from the outset and quality representation at the hearing of your appeal. If your appeal is dismissed for lack of preparation, you may have to live with the outcome knowing that you possibly could have avoided it. Our firm has extensive experience appearing before the District Court and we know what Judges expect of appeals.

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a traffic charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of traffic law. We believe that every client deserves a clear understanding of their rights and the legal process they’re navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you’re informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here.

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

Please note we cannot provide help or information information about appealing a speeding fine or other traffic infringement.

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

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button at the bottom right and leave us a message

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Need more information?

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

Top 5 Drink Driving Myths
The Essential Guide to Obtaining a Work Licence
Drink Driving on a Lime Scooter
How Drink Driving Matters are Heard in Queensland
What happens after your drivers licence is disqualified?
Refusing a Breathalyser Test in Queensland
Can you commit a drink driving offence in your driveway?
Immediate suspension for drink driving
Case Study – High Range Drink Driving and Disqualified Driving
Three High Range Drink Driving Charges
Special Hardship Orders v Work Licences
High Range DUI
Going through a drink driving charge in Brisbane Magistrate Court
DUI Charges
Ultimate Guide to High Range Drink Driving
Can you beat a DUI?
Navigating Drink Driving Charges in Queensland: Top 5 Do’s and Don’ts
Disqualification vs Suspension, what is the difference in Queensland?
The True Cost of a Drink Driving Conviction in Queensland
How does a traffic matter proceed in the Southport Magistrates Court?
Will I get a criminal conviction for a drink driving charge?
Work Licence Affidavits
Drink Driving Lawyers Brisbane
Drink Driving Lawyers Gold Coast
Drink Driving Lawyers Sunshine Coast
Drink Driving Lawyer Ipswich
Drink Driving Lawyer Beenleigh
Drink Driving Lawyer Caboolture
Drink Driving Lawyer Strathpine
Criminal Lawyer

What our clients say about us

For advice about your own situation, speak with our traffic law lawyers — call 1300 952 255, 7am–7pm, 7 days.

Should You Represent Yourself in Court for a Traffic Matter?

Steven Brough — Thu, 20 Jul 2023 11:11:00 +0000

If you have been charged with a traffic offence in Queensland, you may be tempted to represent yourself in court and save money on legal fees. You may have taken advice from friends or family who think they know how the Queensland court deal with charges like drink driving, drug driving, unlicensed driving etc who tell you its easy just go to court and say sorry to the magistrate and you will be fine.

However, this is a risky decision that could have serious consequences for your future. Here are some reasons many people choose to hire a professional traffic lawyer rather than represent themselves.

You may not understand the law or the court process

Traffic law is complex and constantly changing. There are many rules, regulations, and procedures that you need to follow when you appear in court. If you are not familiar with them, you may make mistakes that could harm your case or even result in additional charges. For example, you may not know how to enter a plea, how to present evidence, how to cross-examine witnesses, or how to make submissions to the magistrate. You may also miss important deadlines, file incorrect documents, or say something that could incriminate yourself.

What happens if something goes wrong in court and you are looking at a terrible outcome, its too late then to say you need a lawyer.

A professional traffic lawyer has the knowledge and experience to handle your case effectively and efficiently. They can advise you on the best course of action, prepare your defence, negotiate with the prosecution, and represent you in court. They can also explain the law and the court process to you in simple terms and answer any questions you may have along the way.

You may not get the best outcome possible

The outcome of your case depends on many factors, such as the nature and severity of your offence, your personal circumstances, your criminal history, and the attitude of the magistrate. If you represent yourself, you may find it harder to present your case in its most favourable light. You may also miss out on opportunities to reduce or dismiss your charges, such as applying for a diversion program, a work licence, or a special hardship order.

The prosecutor will likely have years of daily appearance in court, that means thousands of hours of experience in the law court, court etiquette and court outcomes. You will have zero, remember the magistrate and the prosecutor aren’t there to be on your side.

A professional traffic lawyer can help you achieve the best outcome possible for your case. They can analyse the evidence against you and identify any weaknesses or flaws in the prosecution’s case. They can also present mitigating factors and character references that could reduce your penalty or convince the magistrate to grant you a non-conviction order. They can also explore alternative options that could benefit you, such as applying for work licence or good behaviour bond.

You won’t know how to negotiate with the prosecutor

Many traffic cases involve case conferencing and negotiations. A seasoned traffic lawyer knows how to negotiate with prosecutors to potentially reduce charges or secure more lenient facts. Attempting to negotiate without proper legal training and knowledge could lead to unfavourable outcomes, leaving you with harsher consequences than necessary.

Queensland traffic offences generally have mandatory periods of disqualification. For example for unlicensed driving charges where a person is demerit point suspended the disqualification period is 6 months. We have carried out 100’s of success negotiations which resulted in a lower charge and no disqualification at all.

You will already be overstressed

You are the one who has been accused of a crime, you have already been through the offence, talking to police and getting a notice to appear in court.

You are likely to be emotionally invested in your case. This can make it difficult to think clearly and make rational decisions. A lawyer can help you to stay calm and focused on the legal issues.

You may jeopardise your future prospects

A traffic conviction can have serious implications for your future. Depending on the type and severity of your offence, you may face fines, demerit points, licence suspension or disqualification, community service, probation, or even imprisonment. A conviction can also affect your employment opportunities, travel plans, insurance premiums, and reputation. If you have a previous conviction, you may face harsher penalties or lose your eligibility for certain programs or orders.

A professional traffic lawyer can help you avoid or minimise these consequences by fighting for your rights and interests. They can challenge the validity of your charges, seek to have them withdrawn or downgraded, or argue for a reduced sentence. They can also advise you on how to avoid further offences and how to restore your licence if it has been suspended or disqualified.

You get one chance at this

If things go wrong then engaging a lawyer to try and fix what happened in court will likely fail. Appeals are expensive, have strict requirements and usually don’t result in a higher court changing what occurred.

Better to have a lawyer from the start so something catastrophic doesn’t occur in court.

Conclusion

Representing yourself carries real risks, and for many people the outcome is better with a lawyer — though the right choice depends on your circumstances. A traffic lawyer can provide you with expert legal advice and representation that could save you time, money, stress, and hassle. They can also protect your future prospects by helping you avoid or minimise a traffic conviction.

You may think that you cannot afford to hire a lawyer, however many lawyers offer fixed fees at fairly reasonable rates. Just don’t assume all lawyers are too expensive to hire. If you think you cannot afford a lawyer, you should still speak to one about your case. They can give you advice on your options and help you to prepare for court.

If you have been charged with a traffic offence in Queensland, do not hesitate to contact us today. We are a Queensland based traffic law firm that specialises in all types of traffic matters. We have a team of experienced and dedicated traffic lawyers who can assist you with any traffic issue. We offer free initial consultations and fixed fees for most cases. We will work hard to achieve the best possible outcome for you.

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

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

Use our contact form and we will contact you by email or phone
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click hereto book a teleconference at a time that suits you
Email our firms founder at steven@claritylaw.com.au
Send us a message on Facebook Messenger

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

For advice about your own situation, speak with our traffic law lawyers — call 1300 952 255, 7am–7pm, 7 days.

Traffic Offender Programs

Steven Brough — Tue, 18 Jul 2023 08:03:00 +0000

One of the questions a traffic lawyer will be asked in the early days of the life of a traffic matter is, “Do I need to do a traffic offenders course before court?”.

This is a question, that inevitably shares an answer those who’ve had to engage a lawyer have heard before……it depends.

If you have come across this article, you likely have been charged with a drink or drug driving offence and have been advised by a lawyer or friend to do a program. We have written extensively about drink and drug driving offences on our website if you wish to read more about the offending prior to continuing.

This is by no means a detailed prospectus on any one program, however should be a good jumping off point for a person charged with a traffic offence (not limited to drink or drug driving) to assist with getting a better outcome in their matter.

What is a traffic offenders course?

A traffic offenders course is a short course designed to give people charged with a traffic offence and going to court an opportunity to complete a course, usually online, that gives some insight into their offence, the dangers associated with certain behaviours while driving and the traffic/court system in general.

The course once completed will provide a completion certificate and that certificate can be used in court to potentially reduce the penalty or help with getting a work licence or hardship licence.

What courses are available?

The Queensland Traffic Offenders Program or “QTOP” is the leading example of a traffic offender program, other alternatives include;

Note: These programs are all privately run and are focused on different states, such as Queensland and New South Wales.

These programs are designed to give the participant a significant insight into their offending, and aims to reduce reoffending by the participants.

Am I even eligible to do a program?

The Queensland Traffic Offenders Program, the Traffic Offenders Intervention Program and Traffic Offenders Rehabilitation Program are all open to those who wish to complete the program and do not have any prerequisite conditions or eligibility criteria to complete.

That being said, some programs have some technology requirements to complete the course (if not doing in person) that you should be aware of prior to engaging the courses.

Why should I do a program?

Returning to the question of do I need to do a program. The strictest answer is no; but.

You cannot be sentenced more harshly for not having completed a program, however you will not gain any reduction in penalty as a benefit of having completed the program.

In terms of a plea for a drink or drug driving offence, this may have an impact on the length of a disqualification, and more significantly the completion of a course may impact on success in a restricted licence application. (see our previous articles on Work and Special Hardship licences).

While the two applications are different, they each share a common test – is the applicant a fit and proper person on the balance of probabilities, having regard to the safety of other road users and the public generally.

This test will typically be examined through a review of the facts of the case and the applicants traffic history. Applicants with a poor traffic history, who have committed a high-speed offence or have a very high reading (or a combination of all three), may significantly benefit from the completion of a traffic offenders program.

The completion of a program assists our solicitors to demonstrate that the applicant is a fit and proper person. The completion of the program shows the court that they take the matter very seriously, demonstrated through incurring the expense and completion of a voluntary program.

Some Magistrates will deny a person a work licence or special hardship order if they have not done a traffic offenders course.

So…do I need to do one of these programs?

The answer is no, it is not mandatory. During the conduct of your matter, whether it is a drink driving charge or an application for a restricted licence, one of our experienced team members will discuss the importance of the completion of a program for your matter. It remains however, entirely up to you whether you wish to complete the program.

Finally, it is significant to note that in Queensland, this does not replace the requirement to complete the Department of Transport and Main Roads drink driving program, which is required to obtain your licence back (this includes when receiving a work licence). Which program you will be required to complete will depend on if you are considered a “repeat offender” – or have you have two or more drink driving offences since September 2021.

If you are not a repeat offender, you will be required to complete the Plan. Survive. Drive. Foundations course – which is completed online in approximately an hour.

If you are a repeat offender, you will be required to attend in person sessions for the Plan. Survive. Drive. Comprehensive course – which is completed over 6 sessions of 2 hours each.

I’m going to do a course which one is the best?

There is no right answer to this either.

Generally the courses cost between $200-$250. Some have in person courses that might suit someone without up to date computer equipment or who aren’t tech savvy. Most are online which tends to be more convenient for people allowing them to complete the course outside of their work hours.

What we can say is QTOP is the oldest and in our opinion most respected of the courses. We have referred many hundreds of clients to QTOP since 2010 with great success. We are also a proud sponsor of the program for many years.

Please note, we do not obtain any advantage, financial or otherwise from client’s completion of any of the above named programs.

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

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

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to call you back
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger

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

You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a traffic charge will have an impact on you, your family and your employment or business.

How a Traffic Matter Proceeds in the Southport Magistrates Court

Steven Brough — Mon, 05 Jun 2023 09:36:00 +0000

You’ve been pulled over, tested and charged with a drink or drug driving offence and it’s now your court date.

You arrive to the Southport Magistrates Court at 8.30am and stand in line to be searched through security.

Representing yourself

You look for your name on the board in the lobby and make your way to where all matters start in Southport, Court 1.

You will go in, check in with the police prosecutor or their assistant and get asked: are you pleading or adjourning the matter?

If you are not legally represented, you will be in for a wait – represented matters take priority, with solicitors and barristers going first. The court will then deal with the unrepresented adjournments and then the unrepresented pleas. Southport typically has a long list, which means you may be in for a wait if you are unrepresented.

When it is your turn, the prosecutor will call your name and you will walk up to the bar table. The magistrate will ask what is happening with your matter? If you are adjourning and it is the first mention, usually you will be allowed the adjournment. Usually the Magistrate will place you on bail (read our article on bail here) and you will have to sign that bail form and then you will be free to go.

If you are there to plead guilty to the offence, the magistrate will ask you to stand and read out the charge and ask how you plead. This is called the arraignment and in this process you will usually be asked “do you plead guilty of your own free will?” and “has anyone in a position of authority, such as a police officer forced, induced or promised you anything?”.

The prosecutor will then stand up and read out the facts of the charge, and tender any documents they have, such as a traffic or criminal history.

The magistrate will then ask you if you’d like to say anything on your own behalf. This is your opportunity to tell the court anything you believe is necessary, such as impact a disqualification will have on you and the like. You will then be sentenced for the offence, the magistrate will talk to you about their considerations in passing the sentence and will give you your penalty and disqualification.

Sounds simple enough, so why should I pay the money to get a lawyer or why wouldn’t I just use the duty lawyer?

For most people facing the court for a traffic offence, this is the first and most likely, last time they will be before the court. This can lead to a feeling of anxiety and worry as they will be going through an unfamiliar process alone.

Unfortunately, the duty lawyer resources are limited, and as such they will not act for drink or drug driving matters unless there is a risk of imprisonment. People going into court for themselves who may be relying on the duty lawyer only to be told, sorry they cannot help you is likely to cause even more stress and anxiety.

Represented by a lawyer

If you are represented by a lawyer you will be advised which time and where to meet them at the courthouse. After you have proceeded through security, your lawyer will discuss your matter with you and explain the process, including when to stand, what you need to say and how the matter will proceed.

Your lawyer will more than likely ask you to wait just outside the court whilst they go in and speak with the prosecutor and check you in. If the matter is to be an adjournment then they will advise the prosecutor and your file will be placed in the represented adjournment pile.

If the matter is to be a plea of guilty, then they will briefly discuss with the prosecutor.

You will be taken into the courtroom by your lawyer and be told to sit in the gallery. Your lawyer more than likely will sit just behind the bar table and will call you up when your matter is ready to go on.

Your lawyer will stand up and ‘announce their appearance’, meaning they will say who they are and what law firm they are from. They will say that they are here on your behalf for either an adjournment or plea of guilty. If a plea of guilty, you will stand up and be asked the same questions as a person who is unrepresented is asked. The prosecutor will then read the facts of the charge and then it will be your lawyers turn to speak.

Your lawyer will tender any material on your behalf, such as QTOP completion documents (see our article on traffic offender programs here) and any letters of reference. Your lawyer will tell the magistrate all about you and the circumstances of the offence. Importantly your lawyer will distinguish the features of your case and submit to the court their opinion on penalty.

The magistrate will ask you stand and you will be sentenced.

Your lawyer will then be excused, and you will be free to leave the court room. Your lawyer will discuss the results and outcome with you after court, including the disqualification and whether any conditions are going to be placed on you after the disqualification period.

Why should I get a lawyer when I could probably do it myself?

This is an exceptionally common question that we are asked, in fact our office has written an article dedicated to this question. In short, If you’ve been charged with a traffic offence or face the suspension of your drivers licence , it’s important to understand your rights and options. A traffic lawyer can provide valuable services to help you navigate the legal system, understand your charges, and advocate on your behalf. Whether you’re facing a minor traffic charge or a more serious offence, a traffic lawyer can help you achieve the best possible outcome for your case.

How Do I Get More Information or Engage You to Act for Me?

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

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to call you back
Email the firms founder steven@claritylaw.com.au

We are a no pressure law firm, we are happy to provide information and a fixed price quote to assist you, if you want to engage us then great, if not then you at least have more information about your charge.

If your matter is listed at Southport, our Southport traffic lawyers appear in this court every week and can meet you before your mention.

For advice about your own situation, speak with our drink driving lawyers — call 1300 952 255, 7am–7pm, 7 days.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your
exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our drink driving page.

Arrested for Drink or Drug Driving What Should I Do Next

Steven Brough — Thu, 25 May 2023 09:57:46 +0000

Are you wondering what steps to take after being arrested for drink or drug driving in Queensland? Read this informative article and discover the necessary actions to safeguard your rights and navigate the legal process.

Introduction

Getting arrested for drink or drug driving can be a distressing and overwhelming experience. It is crucial to know what steps to take next to protect your rights and ensure a fair legal process. In this article we will discuss the necessary actions you should consider after an arrest. For residents of Queensland seeking professional assistance, we recommend consulting a reliable traffic law firm that specialises in traffic offences and criminal law.

Let’s dive into the details and shed light on what you should do next. Its essential to handle the situation strategically and seek proper legal guidance. Here are the steps you should consider:

Stay calm and cooperate with authorities

Upon being pulled over and arrested for drink or drug driving, it’s crucial to remain calm and cooperate with the authorities. Losing your temper or resisting arrest can lead to further legal complications. Remember, staying composed will help you make better decisions moving forward.

Exercise your right to remain silent

As the police question you about the incident, it’s important to exercise your right to remain silent. You have the right not to incriminate yourself. Politely inform the officers that you would like to consult with your lawyer before answering any questions or invoke your right to silence and only answer the questions you need to. This simple step can prevent you from unintentionally saying something that could be used against you later.

You should not give information to police about the amount of alcohol you have consumed or any drugs you may have taken.

What questions do I need to answer?

You will need to provide the following to the police if they ask;

your name and address
your date of birth
show your driver’s licence

Providing a sample of breath or blood

It is also an offence to refuse or fail to provide a specimen of breath for analysis. If you are charged with this you are considered to have committed a high range drink driving charge (DUI). You cannot apply for a work licence if charged with refusing a breath or blood test.

Police have the power to require someone to provide a specimen of breath, saliva, or blood for the purposes of determining that person’s blood-alcohol content. A police office may only make this request if the officer reasonably suspects that the person either drove a motor vehicle, attempted to drive it, or was in charge of the vehicle up to 3 hours prior (note that the definition of being “in charge” of a vehicle is quite broad – the person need only be in a position to be able to operate the vehicle without first taking control of the vehicle from someone else). The police may also require someone to provide a specimen of breath, saliva, or blood at the scene of a traffic accident that caused injury, death, or damage to property.

Once a police officer makes such a request, that officer may take the person to the nearest police station, or to some other place (such as a hospital) that has the necessary equipment for carrying out a breath or blood test. The person may be taken there by force, if necessary. The police officer may require multiple samples of either breath or blood if it is reasonably necessary to do so in order to complete testing.

If you refuse a breath test you cannot then request a blood test and vice versa.

See our main drink driving page for more information on possible defences to not giving a sample.

Seek legal representation

Consulting a reputable law firm based in Queensland that specialises in drink or drug driving cases is crucial. Experienced lawyers can guide you through the legal process, protect your rights, and provide the best possible outcome. They have in-depth knowledge of Queensland’s traffic laws and can analyse the specifics of your case to build a strong strategy to reduce the penalty.

Understand the consequences

Being aware of the potential consequences of the charges is important. Drink or drug driving offences in Queensland carry significant penalties, including fines, licence disqualification, mandatory drink or drug education and even imprisonment in very severe cases. Consulting with a lawyer will help you understand the specific consequences related to your situation.

Attend court hearings and comply with requirements

Throughout the legal process, it’s crucial to attend all court hearings and comply with any requirements set by the court. This is especially true of any bail conditions.

Failure to do so can result in additional penalties and negatively impact your case. Your lawyer will guide you through these proceedings and ensure you fulfill all necessary obligations.

Rehabilitation programs

In some cases, attending rehabilitation programs voluntarily can demonstrate your commitment to addressing any substance abuse issues and may be viewed positively by the court. Your lawyer can provide advice on suitable programs and help you present this option to the court, potentially influencing the outcome of your case. In addition completing a traffic course such as QTOP is looked on very favourably by the courts.

Negotiate with the prosecutor

Based on the evidence and circumstances of your case, your lawyer may explore the option of negotiating with the prosecution. Alternatively, if there are strong grounds to challenge the charges, your lawyer can represent you in court and fight for a favourable verdict.

FAQs

Can I refuse a drink or drug test during a traffic stop?

Answer: No, in Queensland, you cannot refuse a drink or drug test when requested by a police officer during a traffic stop. Refusal to undergo testing can lead to penalties similar to being charged with high range drink driving or driving under the influence of a drug.

How long will my license be disqualified if I am convicted of drink or drug driving?

Answer: The length of license disqualification depends on various factors, including the nature of the offence, whether it is a first-time or repeat offence, and your blood drink or drug concentration level. It’s best to consult with a lawyer to understand the specific implications in your case.

Will I go to jail if convicted of drink or drug driving?

Answer: Jail time is a possible outcome for drink or drug driving offences, especially for repeat offences or cases involving aggravating factors such as a person being injured. However, the final outcome depends on the specific circumstances and the quality of your defence.

Can I represent myself in court for drink or drug driving charges?

Answer: While it’s technically possible to represent yourself, it’s strongly recommended to seek legal representation for drink or drug driving charges. Experienced lawyers have a deep understanding of the legal system, know the best defence strategies, and can significantly improve your chances of a favourable outcome.

Will I get a criminal conviction for drug or drink driving

While drug or drink driving is a criminal offence the conviction, if recorded, would go on your traffic history but not on your criminal history. This means a person doing a criminal background or police check would not see the drink driving offence recorded however it would show on a person’s traffic history for 5 years.

Conclusion

If you find yourself arrested for drink or drug driving in Queensland, it is vital to take the appropriate steps to protect your rights and navigate the legal process effectively. Remember to stay calm, exercise your right to remain silent, and seek legal representation as soon as possible. A skilled law firm based in Queensland can provide expert guidance and support throughout your case, increasing your chances of a favourable outcome. By understanding the consequences, gathering evidence, exploring defences, and fulfilling your obligations, you can work towards resolving the situation in the best possible manner.

Our Experience

Since 2010 we have been representing people throughout Queensland who have been charged with a drug or drink driving charge and need a good traffic lawyer to represent them. We aren’t a firm that does traffic law as just one area of law, we do traffic law exclusively.

We strive to give you immediate comprehensive advice and a fixed fee so you can be sure of your legal costs and whether you qualify for a work licence. While we will never be the cheapest we do offer the best value in our humble opinion.

Our Founder Steven Brough is one of the most respected and experienced traffic lawyers in Queensland.

Click here to see what we charge.

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

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

Use our contact form and we will contact you by email or phone
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to book a teleconference at a time that suits you
Email our firms founder at steven@claritylaw.com.au
Send us a message on Facebook Messenger

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink or drug driving. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink or drug driving charge will have an impact on you, your family and your employment or business.

Next, read what happens after police have charged you and what happens at your first court date so you know what’s coming.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your
exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our drink driving page.

Licence Disqualifications in the Children’s Court

Steven Brough — Tue, 22 Feb 2022 04:34:00 +0000

This short guide aims to outline how licence disqualifications are dealt with in the Children’s Court in Queensland.

There are a variety of offences under Queensland law which attract mandatory and discretionary licence disqualifications.

To name some:

Dangerous driving
Drink driving
Drug driving
Careless driving
Evading police.

For example the law states an adult charged with high range drink driving must lose their licence for at least 6 months, the court has no power to reduce this period of disqualification. If an adult is charged with careless driving than the court has a discretion whether to disqualify the licence or not. The court however recognises that people under 18 who are charged with traffic offences must be treated differently than adults in court.

How the Youth Justice Legislation Treats Disqualifications

Under the Youth Justice Act, which governs how the Children’s Court deals with child offenders, the legislation says that if a child if found guilty of an offence which would leave them liable, if they were an adult, to a period of disqualification, then the child must be disqualified to the same extent.

There are, however, multiple ways this outcome can be avoided.

Ways to Avoid Disqualification (as a Child)

If police caution a child in relation to an offence for which they could have been disqualified, then there will be no disqualification.

If police refer a child to restorative justice in relation to an offence for which they could have been disqualified, then there will be no disqualification.

If the child is less than 17 and a conviction is not recorded for a disqualifiable offence, then there will be no disqualification.

If the magistrate refers a child to restorative justice for an offence which the police did not, but should have, referred to restorative justice, then there will be no disqualification.

What is Restorative Justice?

A restorative justice conference is a meeting between a child who has committed a crime and the people most affected by that crime to discuss what happened, the effects of the offence, repairing the harm caused to the victim.

How Can Clarity Law Help?

We have recently achieved an excellent result for a client by our intimate knowledge of the legislation and cases around children’s court disqualifications. We had a client who was charged with dangerous driving and drink driving. He was staring down the barrel of a 9 month licence disqualification and probable loss of his tradie job. We were able to convince the magistrate to refer him to restorative justice and avoid any disqualification of his licence whatsoever.

This is a result he simply would not have been able to achieve without our representation.

For advice about your own situation, speak with our disqualified driving lawyers — call 1300 952 255, 7am–7pm, 7 days.

What Happens on the First Court Date for Traffic Charges?

Steven Brough — Tue, 15 Sep 2020 10:01:00 +0000

You have been given a Notice to Appear at court for a traffic offence. You must show up to court on the date specified in the Notice to Appear. The question is, what happens on the first court date? In this post, we will outline the options you have for dealing with your matter. In short, you have three options: seek an adjournment, plead not guilty, or plead guilty. We will discuss each of these options in turn.

Option #1 – Ask for an Adjournment

You are not obliged to enter a plea (of either guilty or not guilty) on the first court date if you are not sure about the implications of entering a plea. You are entitled to ask the court to adjourn your matter to a later date. If you ask for an adjournment, the charge remains before the court. You will need to return to court on the later date.

There two main reasons why you may wish to adjourn your matter.

The first is to get legal advice. It is always a good idea to discuss your matter with a lawyer, so you understand the possible consequences of your intended course of action. Police Prosecutors and Magistrates cannot give you legal advice. Please also be aware that, while most courts have a duty-lawyer service available, these services (generally) do not provide advice about traffic matters.

If you tell the Magistrate that you wish to get legal advice, the Magistrate will usually adjourn your matter for about 2 weeks and will (usually) grant you bail. You will be expected to have contacted a lawyer and have received advice by the time you return to court.

The second reason to ask for an adjournment is because you want to apply for a work licence. Work licences are only available in specific circumstances, so you should ascertain whether you are eligible for a work licence before informing the court that you wish to make an application.

Applications for work licences have strict requirements (such as preparing, filing, and serving affidavits, etc) that must be adhered to before the court can consider your application. If you tell the court that you want to apply for a work licence, the court will generally adjourn your matter for about 2 weeks so you can comply with these requirements.

Please also note that some courts have specific times on specific days to hear work licence applications. These days and times can change from year to year. It is a good idea to check the court’s calendar to find out to when you can expect your matter to be adjourned.

Option #2 – Plead Guilty

If you have already decided to plead guilty, you have the option to enter your plea on the first court date. For the majority of traffic offences, the court will finalise your matter as soon as you enter your plea.

That means that, on the first date, you will be convicted, and penalties will be imposed on you (for example, a fine and drivers licence disqualification). These penalties take effect the moment that they are imposed. For example, once the court disqualifies you from driving, you are disqualified from that moment. If the court orders you be released on probation (if your traffic offence is sufficiently serious), you are subject to the conditions of your probation from that moment.

Therefore, it is important that you are prepared for the consequences of any penalties that the court might impose. For example, do not drive to court if you intend to plead guilty to an offence that carries licence disqualification as a mandatory penalty, because you will not be permitted to drive home. You will need to make other arrangements to get home from court that day.

Please also be aware that, once you have entered a plea of guilty, it is exceedingly difficult to have this plea revoked if you change your mind. It is also exceedingly difficult to persuade the court to delay imposing penalties (that is, adjourning your matter) if you suddenly realise that the penalties might be harsher than you anticipated. You should only plead guilty if you are fully prepared for the consequences.

On the other hand, there are some benefits to pleading guilty on the first court date. For example, if you are charged with certain traffic offences (such as a mid-range or high-range drink-driving charge), your licence is suspended from the moment that you are charged until your matter is finalised by the court. Any subsequent court-ordered disqualification takes effect from the date that you are convicted. The court cannot back-date its disqualification to the date of the charge. Therefore, the time that your licence is suspended (including during the time of any adjournments) is served in addition to the disqualification imposed on you as a penalty.

Option #3 – Plead Not Guilty

If you decide to fight the charge, you may plead not guilty on the first court date. By pleading not guilty, you are putting the onus on the court to decide whether you have committed the offence that the police allege you committed, or not. The only way that the court can make this decision is by means of a trial. In the Magistrates Court, a trial is referred to as a “summary hearing”.

A summary hearing involves calling evidence, listening to witnesses, cross examination, submissions from prosecution and defence, etc. This is an involved process that takes a lot of time. The court cannot go through this process on the first court date, as your matter will be listed along with lots of other peoples’ matters.

Instead, if you enter a plea of not guilty on the first date, the court will pick a date (in at least 2 months’ time, depending on how busy the court is) to hold the summary hearing and adjourn your matter. You will (usually) be granted bail and ordered to return to court to attend the hearing.

There are serious consequences for pleading not guilty and proceeding to trial, especially if you are found guilty by the court. You should only plead not guilty if you understand the case against you and you have received legal advice about your prospects of successfully defending yourself.

Conclusion

In spite of what anyone tells you, you are not obliged to finalise your traffic matter on the first court date. The purpose of the first date is so that you can inform the court how you wish to proceed with your matter, and to allow the court to make orders accordingly.

To repeat, you have three options: to adjourn your matter, to plead guilty, or to plead not guilty. There are advantages and risks associated with all of these options, so it is important that you obtain legal advice as soon as possible so that you can make a fully-informed decision before you go to court.

How do I get more help or engage you to act for me?

We have been operating since 2010 and undertaken 1000’s of drink driving and other traffic charges throughout South East Queensland.

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

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Email steven@claritylaw.com.au
Visit our drink driving page

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about your traffic charge. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a traffic charge no matter how serious may have an impact on you, your family and your employment or business.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your
exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our drink driving page.

Negotiating with a Prosecutor in Queensland

Steven Brough — Wed, 06 Nov 2019 05:46:00 +0000

Whenever you are charged with a traffic offence there is usually the scope to try and negotiate those charges with the police prosecutor or the Office of the Department of Public Prosecutions (“DPP”). This is known as case conferencing in Queensland.

For the purpose of this article, we will use two examples. One is an unlicensed driving charge, the other is a dangerous operation of a motor vehicle charge (“dangerous driving”).

Negotiations with the police prosecution unit or DPP are almost exclusively done by lawyers. You can of course self-represent yourself and negotiate with the prosecutor and prosecutors are always willing to listen to unrepresented people, however, most people simply don’t have the skills to properly negotiate with the prosecutor as it is simply not skill that they have learnt or indeed would want or need to learn.

So let’s first take the example of an unlicenced driving charge. Unlicenced driving carries different penalties depending on what exactly the unlicenced driving component relates to. For example, unlicensed driving charge at its worst can be a disqualified driving charge where a person has deliberately driven after the court disqualified their licence. In that case you are looking at a minimum of two years licence disqualification or it might be an unlicensed driving charge as a result of a licence becoming expired and you simply not realising it and that you drove on that expired licence and for that charge there is no mandatory licence disqualification.

Let’s use the example of a demerit points suspension. That is where a person has driven whilst their licence has been suspended due to the accumulation of demerit points. This typically occurs where a person goes through their 12 (or 4 if a provisional licence holder) demerit points and then elects to lose their licence for three months or makes no election and is automatically assigned a three month licence suspension and then drives during that period. You will get a notice to appear in the Magistrates court on the unlicensed driving charge whilst the demerit points suspended. That charge carries with it a mandatory disqualification period of six months and there is no work licence or special hardship licence available for this charge. The ability to negotiate with the prosecution unit over the charge is a critical factor.

Negotiations are an informal process referred to amongst lawyers and prosecutors as case conferencing. It is not specified how case conferencing or negotiations need to take place. However, typically it is either face to face, over the phone or where the lawyer sends written submissions to the prosecutor to consider.

In the case of the demerit point suspension, given that there is a mandatory six months disqualification, what typically happens is the lawyer would seek to try and reduce the unlicensed driving (whilst demerit point suspended) charge down to a lesser charge of unlicensed driving charge that does not carry mandatory disqualification periods. Now there are a number of factors that need to go into whether or not the prosecutor would accept that reduced charge and a person’s traffic history is one of the main factors. Other things to look at is the need for that person to drive and exactly why their licence came to be suspended. For example, if you elected to lose your licence for three months and drove, then the prosecutor is less likely to agree to reduce the charge than if you had gone through your demerit points, not realised this and you had received an automatic three months suspension from Queensland Transport because you did not elect a good driving behaviour period.

What would typically happen is if the charge is reduced or withdrawn then on the next court date or on the first date if the first court mention date has not occurred yet the police prosecutor would seek to amend the current charges to that reduced charge or if they are withdrawing the charge they will offer no evidence in regards to the charge and the court will dismiss the charge and the client is free to go without any punishment.

Lets take a look at another example, that is dangerous operation of a motor vehicle (“dangerous driving”). This is a serious charge. It is a criminal charge as opposed to a traffic offence and carries with it the real risk that you will lose your licence for at least six months and possibly much, much longer.

Case conferencing often occurs once the police prosecutors brief (or most commonly known as the QP9) is provided to you or your lawyer. The QP9 will set out what the police prosecutor intends to tell the court happened, including the alleged driving and how that driving is alleged to be dangerous.

Negotiations or case conferencing with the prosecutor tends to look at trying to get that dangerous driving charge reduced to careless driving. A dangerous driving charge carries with it a minimum of six months disqualification if no one was seriously hurt or if there is no alcohol or drugs involved. A person found guilty of dangerous driving can also not apply for a work licence or special hardship licence. Careless driving on the other hand is a less serious charge, it is not a criminal offence it is a traffic offence and carries with it no mandatory disqualification. The court can still choose to disqualify a persons licence for a careless driving charge but handled correctly the court typically would not record a disqualification. Other areas of negotiation might be that the police won’t be able to prove that it was our client that was driving the vehicle or that there was some other legitimate reason for driving as they did. So you can see that negotiations and case conferencing in regards to dangerous driving is critical and if carried out successfully can save a person from losing licence for at least six months.

If you need any advice on a traffic related charge and have a court appearance in any South East Queensland court we can help you. We can be contacted on 1300 952 255 seven days a week. Our website is at www.drivinglaw.com.au

How Drink Driving Matters are Heard in Queensland

Steven Brough — Mon, 16 Sep 2019 09:21:00 +0000

A drink driving charge is one of the most common offences dealt with in Queensland Courts. Over 30,000 people face court each year charged with drink driving. Knowing how a court will deal with a drink driving charge is important for anyone facing the court for this charge.

How Drink driving Offences are Dealt with Generally

In general terms, drink driving matters are dealt with “summarily”, which means that they are dealt with in a Queensland Magistrates Court, rather than in the higher courts, such as the District or Supreme Court. This is true whether you plead guilty or not guilty to the offence. If you plead not guilty, your matter will be heard and decided by a Magistrate, not by a judge and jury. Generally, the vast majority of people plead guilty to drink driving offences.

The different Magistrates Courts across Queensland deal with drink driving offences on their own or as part of a general, criminal law “call-over”. This depends on the size of the court. For example, Brisbane Magistrates Court has a dedicated courtroom that only deals with traffic matters. In Maroochydore the majority of drink driving charges are heard on a Monday, in smaller, regional courts (which usually only have 1 courtroom), you may find yourself in court with people charged with far more serious criminal offences. Regardless, when you are charged, the police will advise you of your court date.

In addition to the date, you will also be advised of what time you must be at court. Generally, you will be told to be at court at 8.30am or 9.00am (again, depending on the court). While you must be at court at this time, your matter will not be heard immediately. Instead, the court and the police prosecutor work together to decide the order in which matters will be heard that day. Most courts have volunteer support people who will be able to show you where you need to be.

As a rule, anyone who has legal representation will be heard first, followed by everyone who is representing themselves. Breaking that down further, it is a convention of most courts that barristers are heard first, followed by Solicitors who are seeking adjournments of their client’s matters, followed by Solicitors whose clients are pleading guilty, followed by people representing themselves who are applying for adjournments, and, finally, people representing themselves and pleading guilty. Note that not guilty pleas are dealt with on different days.

Of course, this is simply a convention, and Magistrates are free to choose how and when matters are dealt with in their courtroom.

What Happens when on the First Court Date

When you first get to court, your Solicitor will speak to the police prosecutor (or you will be directed to speak to them). The police prosecutor will give your Solicitor (or you) a copy of the police’s court brief (in Queensland, this document is referred to as a “QP9”). The QP9 describes the drink driving charge for with which you have been charged, a brief outline of the facts that the police allege constitutes the offence, your criminal history (if any), your traffic history (if any), and a copy of the breath analysis certificate (which you should have received at the time you were charged). It is important that you read the police’s outline of facts, criminal history, and traffic history carefully to ensure that you agree that these documents are correct. This is especially the case if you intend to plead guilty as a guilty plea is an admission of guilt to the charge and to the facts supporting the charge. If you think there is a problem you should discuss it with your Solicitor immediately.

On the first court date, you are not obligated to tell the court whether you wish to plead guilty or not guilty. You are entitled to get legal advice (if you do not already have a Solicitor) and the court will usually allow you to adjourn your matter for a few weeks to get this advice. While most courts offer a free, duty lawyer service, this service is not generally available for drink driving offences.

Alternatively, if you have read the QP9 and do not agree with everything in the police’s outline of facts or think that your criminal or traffic history is wrong, the court may allow you an adjournment to confer with the police about the problem. Your Solicitor will usually write to the police on your behalf and propose how to resolve the issue.

If you need to apply for a work licence, the court may adjourn your matter to a special day for hearing work licence applications (although not all courts do this). The legislation relating to work licence applications require them to be heard at the same time as the offence.

If you require an adjournment, the court will give you a date to come back to court. If you were given a Notice to Appear, the court will also consider granting you bail and require you to sign bail a bail form before you leave court. If you were arrested and bailed by the police, the court will extend your bail to the next court date.

If you were charged with a low-range drink driving offence, your drivers licence continues to be valid (unless it has been cancelled or suspended for other reasons) until the next court date and you may still drive. If you were charged with a mid-range or high-range drink driving offence, your drivers licence remains suspended until the next court date and you must not drive during this time.

If you intend to plead guilty and already have legal representation and do not need to discuss your matter with the police, the court will finalise your matter on the first court date. The process for this is discussed below.

If you intend to plead not guilty, the court will not deal with your matter on the first date but will adjourn your matter to a date for hearing. Your matter will be adjourned as per the process discussed above. The process for getting a drink driving matter is discussed below.

Pleading Guilty

If you plead guilty, the court will deal with your matter immediately. The Magistrate will read the charge to you and ask you how you plead. The Magistrate may also ask you if you are entering the plea of your own free will. The Police Prosecutor will then read the outline of facts and give the Magistrate copies of the breath analysis certificate, your criminal history and traffic history. The police prosecutor may also offer an opinion as to what penalties should be imposed on you.

After the Prosecutor has spoken, the Magistrate will give you an opportunity to speak. Your Solicitor (or you) will then put certain facts and circumstances to the court which support giving you the minimum penalty that can be argued for on the strength of those facts and circumstances. Queensland has legislation which dictates to the court the sorts of things that must be taken into account when deciding what penalty is appropriate in any given case. You Solicitor will tailor the information that you give to them to address those considerations contained in the legislation. This will form the basis of your Solicitor’s submissions to the court on your behalf.

This entire process will generally take less than 10 minutes.

Once your Solicitor has spoken, the Magistrate may seek further clarification of certain matter from the police, from your Solicitor, or from both. The Magistrate will then formally convict you, impose a penalty (which can cover the full range of penalties from fines, community service, probation, and up to imprisonment), and disqualify you from driving for a certain period of time. The licence disqualification takes effect immediately.

If you have applied for a work licence, the Magistrate will indicate whether the application is granted. If it is granted the Magistrate will state the conditions on which the licence is granted.

Once you are disqualified, you must immediately surrender your drivers licence to the police prosecutor. It is an offence to be in possession of your licence after you have been disqualified from driving. Your Solicitor will usually hand over your licence on your behalf. If you have been granted a work licence, you will not need to surrender your drivers licence.

Once this is done, your matter is finalised (apart from satisfying the requirements of the penalty, such as paying a fine, completing a period of probation, etc).

Pleading Not Guilty

If you plead not guilty to a drink driving offence, the Magistrate will adjourn your matter to a date for hearing. In the Magistrates Court, trials are referred to as “summary hearings”. In broad terms, the process for getting to a hearing is relatively straightforward. Once you tell the court that you intend to plead not guilty, the court will order the prosecution to prepare a “brief of evidence” which is a bundle of all the evidence that the police intend to use to prove the case against you. It generally takes about 6 to 8 weeks for the police to produce a brief of evidence.

The Magistrate will also set a date for summary hearing. Depending on the size of the court, and how many other people intend to fight their charges, you can expect to be given a date for hearing in about 3 to 5 months’ time. As with an adjournment, you will generally be given bail until that date and your licence status remains the same until the date of hearing.

Drink driving hearings are conducted in the same way as any criminal trial, and strict rules of evidence apply to these proceedings. In addition, if you intend to fight the charge on the basis that the police’s breath-analysing equipment was not calibrated or was faulty, there are specific rules and procedures that must be complied with before the hearing. If you fail to comply with these rules and procedures, the court will not allow you to challenge the accuracy of the police’s equipment at trial.

If you intend to fight your drink driving charge, it is vital that you (at the very minimum) get good legal advice prior to making the decision to have the matter set down for hearing. It is also important that you are properly represented at hearing to make sure that you give yourself the best possible chance of being successful in defeating the charge.

Conclusion

While drink driving matters may be considered among the more “simple” of matters dealt with in the court system, the process of having them dealt with can still be a daunting task to the uninitiated. With so much at stake, it is important to get it right and to get it right the first time. That is why it is crucial to get proper legal advice and representation as soon as possible after you have been charged.

How do I get more help or engage you to act for me?

We have been operating since 2010 and undertaken 1000’s of drink driving charges throughout South East Queensland.

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

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Email steven@claritylaw.com.au
Visit our main website or drink driving or work licence page
main website or drink driving or work licence

We cover all courts in South East Queensland from the Gold Coast to Brisbane and the Sunshine Coast and out to Toowoomba. We have 6 offices in South East Queensland to assist people. We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.

Going to court – Driving Law

What Happens After Police Have Charged Me With a Traffic Offence?

What is a QP9 and Why is it Important to Your Charge?

What to Wear, Bring and Do at Court for a Drink Driving Charge

Learn more with our article on Traffic Offender Programs

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

Character References for Traffic Charges

Personal Connection

Professional Standing

Community Involvement

Legal Knowledge

Impartiality

Careless Driving

Drink Driving (DUI)

Unlicensed Driving:

Dangerous Driving:

Work Licence Applications:

Special Hardship Application:

Evade Police

Conclusion

How do I get more help or engage you to act for me?

How to Appeal a Traffic Conviction in Queensland

Purpose of a Traffic Appeal

Process of Appealing a Traffic Conviction

Common Grounds of Appeal

The Evidence Used in Appeals

Possible Outcomes of a Traffic Appeal

Conclusion

Why should I engage Clarity Law?

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

Need more information?

What our clients say about us

Should You Represent Yourself in Court for a Traffic Matter?

You may not understand the law or the court process

You may not get the best outcome possible

You won’t know how to negotiate with the prosecutor

You will already be overstressed

You may jeopardise your future prospects

You get one chance at this

Conclusion

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

Traffic Offender Programs

What is a traffic offenders course?

What courses are available?

Why should I do a program?

So…do I need to do one of these programs?

I’m going to do a course which one is the best?

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

How a Traffic Matter Proceeds in the Southport Magistrates Court

Representing yourself

Represented by a lawyer

Why should I get a lawyer when I could probably do it myself?

How Do I Get More Information or Engage You to Act for Me?

Arrested for Drink or Drug Driving What Should I Do Next

Introduction

Stay calm and cooperate with authorities

Exercise your right to remain silent

What questions do I need to answer?

Providing a sample of breath or blood

Seek legal representation

Understand the consequences

Attend court hearings and comply with requirements

Rehabilitation programs

Negotiate with the prosecutor

FAQs

Can I refuse a drink or drug test during a traffic stop?

How long will my license be disqualified if I am convicted of drink or drug driving?

Will I go to jail if convicted of drink or drug driving?

Can I represent myself in court for drink or drug driving charges?

Will I get a criminal conviction for drug or drink driving

Conclusion

Our Experience

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

Licence Disqualifications in the Children’s Court

How the Youth Justice Legislation Treats Disqualifications

Ways to Avoid Disqualification (as a Child)

What is Restorative Justice?

How Can Clarity Law Help?

What Happens on the First Court Date for Traffic Charges?

Option #1 – Ask for an Adjournment