drink driving Archives - Gatenby Criminal Law

09 Jul

Expanding Roadside Drug Driving Cocaine-Related Offenses

Cocaine to be included in Drug Driving Testing In response to the rising number of serious crashes, the Queensland Government has expanded its highly successful roadside drug testing program to include testing for cocaine. The inclusion of cocaine in the program aims to detect dangerous drivers and keep them off the state’s roads. Drivers on Queensland roads can be charged with an offence of driving while a relevant drug is present even if their driving is not impaired by the drug. With a zero-tolerance approach to drug driving, Queensland has implemented tough penalties for offenders, including license disqualification, fines, and …

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21 May

NSW Crackdown on Drink Driving

NSW have introduced new laws affecting punishment for all levels of drink driving offences. The following changes impact NSW drivers: Swift and Certain loss of licence for lower-range offenders Mandatory Alcohol Interlock for mid-range offenders Vehicle Sanctions for high-risk drink drivers Swift And Certain Loss As of 20 May 2019, first-time offenders charged with low-range drink driving may have their licence immediately suspended for a period of 3 months. There is additionally a $561 fine. For repeat offenders and / or higher range offences, the penalties increase from there. This applies to all drivers charged on NSW roads …

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26 Feb

State Wide Review of Restricted (Work) Licences

Restricted licences, are commonly referred to as work licences. They permit a convicted drink driver to drive for work purposes. The licence holder is subjected to a series of conditions regulating the type of vehicle they might drive, the hours they can drive and whether they might carry passengers. The current drink driving discussion paper is looking at either abolishing work licences or tightening the criteria. Current restricted (work) licence eligibility. Under the current provisions a drink driver is eligible for a restricted (work) licence if they can demonstrate: They are a first time drink driver (nothing in the last 5 years); …

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26 Feb

It's just a drink driving offence, I can't go to jail. Can I?

Most motorists pleading guilty to their first drink driving charge will receive a fine and a loss of their licence. It is however open for the Magistrate to impose an actual period of imprisonment, especially where it is a repeat drink driving charge. For some drink driving offences, the law says that the court must impose, as the whole or part of the punishment, imprisonment. Sentence When you enter a plea of guilty to a traffic matter the Magistrate must decide, not only the length of your disqualification, but also whether you will be fined, given a community based order or sentenced to a period …

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24 Feb

Blood Alcohol Concentration limits in Queensland

Queensland police have the power to intercept motorists for “random breath tests”. They are looking to determine the quantity of alcohol in your breath or blood. The reading is expressed as a percentage of your alcohol in your blood. That is a BAC of 0.05 means that for every 100 millilitres of blood in your body you have 50 milligrams of alcohol. BAC Limits In Queensland there are four alcohol limits. The limits are used to determine the action police can take if you are caught drink driving. From immediate suspension or cancellation of your licence to forfeiture of your …

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01 Nov

Traffic Lawyers Guide To Work License Applications

Disqualification If you have been charged with a Drink Driving offence you must receive a disqualification. This is in addition to any other sentence that the Court may impose. In some circumstances, you can obtain a Work Licence for the period of the disqualification. The length of the disqualification depends on a number of factors including: your reading, the circumstances of your driving; and any previous traffic history. A first offender with a Blood Alcohol Concentration (BAC) of .072%, might expect a disqualification of 3 to 4 months. If they relied upon a licence to maintain employment, they could apply for a Restricted Work Licence (sometimes described as a ‘Work Licence’ or …

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04 Jul

When do I have to provide police with a traffic crash report?

Current Law. The Driver of a motor vehicle is required to furnish a traffic crash report to police as soon as possible to the nearest police station. Section 92 of the Transport Operations (Road Use Management) Act 1995 and section 287 of the Queensland Road Rules require drivers involved in crashes and other incidents that result in more than $2 500 damage to report those incidents to police. Drivers must also report to police if a person is injured or killed in the crash or a motor vehicle involved in the crash needs to be towed from the scene. Maximum …

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20 May

Disqualified Driving Sentence

Mollie Roper obtained an exceptional result for this mornings disqualified driving sentence. Our client was charged with one count of disqualified driving and another count of disqualified driving whilst intoxicated. The second offence was committed in the same week and while on bail for the original offence. Our client was originally disqualified from driving for a high range drink drive charge. Generally, for offending of this type a community based order and/or a period of imprisonment would be imposed. After hearing extensive submissions made by Ms Roper the Magistrate sentenced the client to: A fine; and The minimum mandatory periods …

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18 Mar

Traffic Law – Can I Refuse a RBT?

A number of clients often ask our traffic lawyers whether they have to provide a specimen of breath. Some people believe that the police must, upon request, obtain a blood test, others are indignant that they have been asked to supply at all. The simple answer is that if you do not provide a sample of breath for testing as requested, you can be charged with failing to provide a sample of breath. This offence is treated in the same way as if you were driving with a blood alcohol concentration of 0.15% or above which results in a …

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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 …

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