Category: Traffic

16 Mar

Drink Driving – What Alcohol Limit Applies?

Gold Coast Traffic Lawyers As Gold Coast traffic lawyers who present at QTOP*, we often ask attendees what the various alcohol limits are that apply in Queensland.  There is often as much confusion about the limit as to the amount you need to consume to reach 0.05%.  Many people are surprised to learn that even though they are holders of an open drivers licence, due to the nature of their driving they are required to have a zero BAC. Queensland Alcohol Limits In Queensland the alcohol liming that applies depends on the class of licence that you hold.  As a …

Continue reading “Drink Driving – What Alcohol Limit Applies?”

Read full article

Gatenby Criminal Law 16 March 2014
16 Mar

Drink Driving – Go Straight to Jail, Do Not Pass Go.

Gold Coast Drink Driving Lawyers Most Queensland motorists understand that if they are caught drinking and driving, they will be disqualified from holding or obtaining a Queensland driver’s licence for a period of time.  By and large our job as experienced Gold Coast Drink Driving Lawyers is to minimise the period of disqualification or to secure a restricted work licence or special hardship order. When people attend upon us for traffic law advice they are often shocked to learn that in prescribed circumstances they must receive a mandatory prison sentence. The  legislation provides that if you are convicted of driving …

Continue reading “Drink Driving – Go Straight to Jail, Do Not Pass Go.”

Read full article

06 Feb

QUEENSLAND IMPOUNDMENT PROCESS

Hooning Laws Hooning and other reckless driving offences can result in the impoundment or immobilisation of a motor vehicle for a period of seven to 90 days under Queensland Hooning Laws. For repeat offending the vehicle can be forfeit to the state. While there is a capacity to appeal these decisions, the intention of the legislation is clear. Go too far and lose your car. The offending is broken into two categories: Type 1 and Type 2. Type 1 Hooning Laws Evading police Any of the following offences committed during a speed trial, race or a burnout Dangerous Operation of …

Continue reading “QUEENSLAND IMPOUNDMENT PROCESS”

Read full article

29 Dec

40 Cars a Day Being Seized Under QLD's Hooning Laws

40 Cars a day seized under Hoon Laws Since 1 November 2013, police have proffered more than 7,800 charges under Queensland hoon laws for traffic offences including dangerous operation of a motor vehicle, street racing, evading police and speeding at more than 40km/h over the legal speed limit. New Hoon Laws Under the new laws anyone caught doing burnouts, donuts, drifting or other hooning behaviour can have their vehicles taken off the road for three months. Any follow-up offending within five years will result in the offender’s car being forfeited and sold or crushed. Charges Between November 1 and December …

Continue reading “40 Cars a Day Being Seized Under QLD's Hooning Laws”

Read full article

Gatenby Criminal Law 29 December 2013
22 Dec

Proposed Increased Penalties For Mobile Phone Offences

Qld Mobile phone laws The State Government is considering new laws for mobile phone offences while driving. Motorists currently face fines of $330 and the loss of three demerit points if caught using a mobile phone while driving. Motorists need to be aware that even if stationary at traffic lights the law still deems you to be in charge of the vehicle and you can be liable.  You are considered to be using the phone even if you are using a function other than making a call.  Texting, checking Facebook or surfing the web would all be offences. Qld Road …

Continue reading “Proposed Increased Penalties For Mobile Phone Offences”

Read full article

01 Nov

NEW PENALTIES FOR HOONING.

New Penalties for driving offences New anti-hooning and road safety legislation came into effect today.  The penalties for offending are far more significant that those previously imposed.  Offences are broken into two categories, Type 1 and Type 2. The penalties are dependant on the type of offence and a Defendants Traffic and Criminal History.  The new legislation can be categorised as follows: Type 1 offences: 90 day vehicle impoundment for first offence such as: dangerous operation; careless driving such as burn-outs or drifting; racing, speed trials; and evade police. Towing and storage of impounded vehicle is at the driver’s expense. …

Continue reading “NEW PENALTIES FOR HOONING.”

Read full article

31 Oct

NSW to Target Repeat and High Range Drink Driving with Interlock

High Range Drink Driving Repeat and those caught high range drink driving will have to install an alcohol interlock device under legislation to be introduced into NSW parliament early next year. While there is a voluntary scheme currently in place, it is believed this mandatory system will prevent at least 140 alcohol related crashes. Alcohol Interlock An alcohol interlock will be installed in a person’s car if they have been caught drink driving twice in five years, or once with a blood-alcohol level above 0.15 (high range drink driving). Magistrates will also have the power to make motorists keep the …

Continue reading “NSW to Target Repeat and High Range Drink Driving with Interlock”

Read full article

24 Oct

Do I Have to Be Driving My Car to Be Charged With Drink Driving?

The majority of motorists understand that if  they are caught drinking and driving they will loose their licence.  Indeed the bulk of our work as experienced traffic lawyers is aimed at minimising the disqualification period or securing a work licence for people caught drinking and driving.  What does take people by surprise is that they can lose their licence for sleeping in the car or even simply having the car keys in their pocket while intoxicated. The Transport Operations (Road Use Management) Act 1985 (Qld) imposes sanctions where a person who is over the relevant blood alcohol concentration: drives a …

Continue reading “Do I Have to Be Driving My Car to Be Charged With Drink Driving?”

Read full article

05 Sep

EVADING POLICE – MANDATORY FINES AND DISQUALIFICATION. WHAT ARE MY OPTIONS?

The Queensland Government in reaction to a number of police pursuits has imposed mandatory fines and disqualification periods for all offences of Evade Police.  While this may seem appropriate for substantial offences involving dangerous, high speed, police pursuits, the reality is that minor infringements will also see the imposition of these mandatory sentences. Section 754 of the Police Powers and Responsibilities Act 2000, makes it an offence for a driver of a motor vehicle to fail to stop if a police officer, using a police service vehicle, gives the driver a direction to stop the motor vehicle. A police officer will usually …

Continue reading “EVADING POLICE – MANDATORY FINES AND DISQUALIFICATION. WHAT ARE MY OPTIONS?”

Read full article

15 Jan

Mobile Phone Laws

New mobile phone laws came into effect last year on 1st November in New South Wales, where if your car is moving or stationary, you can not utilise your mobile phone in any way. This includes phone calls and texting obviously, but also includes playing music or having your phone switched on and in your lap. Queensland counterparts have yet to confirm whether they are introducing the new laws although police have a zero tolerance attitude toward mobile phone usage by drivers. Last financial year, Queensland Police fined 30,780 drivers for talking or texting on phones at the wheel, including …

Continue reading “Mobile Phone Laws”

Read full article