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Drink Driving Lawyers Brisbane

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How Can Aitken Whyte Lawyers’ Drink Driving Lawyers in Brisbane Represent Me?

Aitken Whyte Lawyers in Brisbane are a leading firm providing expertise and results. Our Brisbane lawyers assist with all driving matters, including:

• drink driving;
• drug driving;
• traffic offences; and
• licensing issues.

Drink driving charges can have serious ramifications. Optimal presentation to the Court is necessary to minimise the impact on you and your family. Our Brisbane drink driving lawyers will:

• help you prepare;
• present your side to the Court; and
• tell you about any ongoing conditions, such as if there is an interlock order for you to use an interlock device.

Drug driving can occur from the detection of a small quantity of prohibited or other drugs in your system. Our experienced drug driving lawyers in Brisbane are familiar with the law in this area. We will guide you through the Court process. If you have also received:

• any minor drugs charges, such as possession; or
• a more serious drug offence, such as drug supply or trafficking;

our Criminal Defence lawyers can assist you with all matters before the Court.

To speak to a driving lawyer, call 07 3229 4459 for advice.

Keeping Your Penalty to The Minimum

Licence Disqualification

QLD has a zero-tolerance approach to drink and drug driving offences. These offences include:

1. Driving with a breath/blood alcohol concentration (BAC);
2. Driving under the influence of alcohol (DUI);
3. Driving with a relevant drug present in your system; and
4. Driving under the influence of a drug (DUI).

These offences carry periods of driver licence disqualification. QLD legislation has no scope for the Court not to disqualify a person’s licence. This means the aim is to keep the disqualification period, and any other penalty, to the minimum.

What the Court Will Consider

The Magistrate has discretion over:

• the period of disqualification;
• any accompanying penalty; and
• whether to record a conviction.

The period the Court disqualifies your licence for will depend on:

• the class of licence you held at the time of the offence;
• your breath or blood alcohol reading;
• whether you tested positive to a saliva test or required a blood test following an accident;
• your traffic history;
• the circumstances surrounding the offence;
• your background, character, and antecedents; and
• your remorse and any rehabilitation or education you have undertaken.

The Role of Your Lawyer

As your advocate, our role is to provide the Court with a whole picture, beyond the offending. Without this, the Magistrate would rely only on information provided by the prosecutor. Your Brisbane lawyer will:

• help you to prepare; and
• show the Court another side so they can consider your entire situation.

How Our Brisbane DUI Lawyers Can Assist in Applying for Work Licenses

You can apply for a Restricted Work Licence if you meet all criteria and the police have charged you with:

1. Driving with a breath/blood alcohol concentration (BAC) (i.e., low to mid-range drink driving); or
2. Driving with a relevant drug present in your system.

A Work Licence allows you to drive during your disqualification period with restrictions. You can drive for work purposes to allow you to continue to earn a livelihood.

Eligibility

To receive a Work Licence, you must:

1. Have held a current Queensland drivers’ licence at the time of the offence;
2. Hold a current Queensland drivers’ licence at the time you make the application to the Court;
3. Have had a blood alcohol reading below 0.15 or had a relevant drug in your system;
4. Have not had your licence suspended or disqualified in the last 5 years. (Note: there are some exceptions for SPER suspensions and Special Hardship Orders);
5. Not have been driving for work-related purposes;
6. Not have held a licence that required you to have a zero-blood alcohol reading such as a probation licence.

This is not an exclusive list of requirements. The best way for us to determine your eligibility is to review your:

• traffic history; and
• “QP9” material, which is material prepared by the police about the offence.

Application Process

Filing Paperwork

If you are eligible, you need to file in the Court:

• an application;
• an affidavit under your name; and
• an affidavit from your employer. You should note that this must be in the prescribed Court form – a letter will not be enough.

The affidavits should be detailed and set out certain things. Our Brisbane drink driving lawyers can prepare these on your behalf. Our Brisbane drink and drug driving lawyers know what the Court is looking for to grant you a Work Licence.

Appearing in Court

Our Brisbane drink driving lawyers will speak on your behalf before the Court.

Our Brisbane drink driving lawyers have a high Work Licence Application success rate. Preparation is key. Our Brisbane drink driving lawyers will address any problems they foresee beforehand. Your Court appearance should run as expected, without surprises.

Applications for Special Hardship Orders in Brisbane | Accumulation of Demerit Points | High-Speed Offences

You can apply for a Special Hardship Order if you meet all criteria, and your licence has been suspended due to:

1. A high-speed offence (more than 40 km above the speed limit); or
2. Accumulating too many demerit points while on a Good Driving Behaviour Period.

A Special Hardship Order can allow you to drive during your disqualification period. This may be for work purposes or, in some circumstances, purposes other than work. Not having a licence must cause you or your family severe and unusual hardship. For example, the Court may grant you a Special Hardship Order if you:

• are the sole carer for a member of your family;
• need to regularly visit the hospital and there is no-one who can drive you; or
• have school-aged children.

Eligibility & Application Process

Applying for a Special Hardship Order is similar to applying for a Work Licence (see above).

The primary criteria are that:

1. You held a valid QLD driver licence immediately before the suspension;
2. You have not lost your licence (disqualified, suspended, or cancelled) in the last 5 years; and
3. Loss of your licence would cause you or your family severe and unusual hardship by:
1. depriving you of your means of earning a livelihood; or
2. means other than depriving you of the means to earn a livelihood.

You will need to address the criteria in affidavits and file these in your local Court.

Our Brisbane drink driving lawyers can prepare these documents on your behalf. Our experience and expertise allow us to address all points the Court will be looking for. We have a high success rate applying for Special Hardship Orders.

A Brisbane drink driving lawyer will appear in Court with you. We will argue your application on your behalf.

Our Brisbane drink driving lawyers will assist you to file your application in time. Our Brisbane lawyers aim to keep you driving with as little interruption as possible.

Other Traffic Law Offences Our Brisbane Lawyers Can Represent You For

Our Brisbane drink driving lawyers can assist you with the following matters:

Removal of Licence Disqualification

If a Court disqualifies your licence for more than two years, we can assist you to apply for it back. Our Brisbane drink driving lawyers have significant experience representing clients at these applications.

Unlicenced and Disqualified Driving

It is an offence to drive without a valid driver licence. This can occur from unpaid SPER fines or if a Court has disqualified you or through accumulation of demerit points. Disqualified Driving carries a minimum 2-year further licence disqualification. Repeat Disqualified Driving may attract periods of imprisonment. The maximum penalty for Disqualified Driving is 18 months’ imprisonment. It is therefore important to have an experienced advocate on your side.

Driving without Due Care and Attention, Or “Careless Driving”

Drivers should use “due care and attention” when on our roads. Behaviour that can lead to this offence includes:

• a lack of attention;
• overtaking in an unsafe manner; or
• not keeping a safe stopping distance from the car in front.

Dangerous driving

Dangerous driving is one of the most serious driving offences. It forms a criminal, rather than traffic, offence. If you have been in an accident or charged with Dangerous Driving, you should contact a lawyer. Our Brisbane drink driving lawyers can represent you if the police have charged you with:

• Dangerous Driving Causing Grievous Bodily Harm; or
• Dangerous Driving Causing Death.

Evade Police

Failing to stop or pull over for police is another serious driving charge. It can result in the impoundment of the motor vehicle you were driving and, in some cases, large fines and/or imprisonment. Our Brisbane drink driving lawyers have experience with these laws. We can assist you with speaking to the police and before the Court.

Hooning Offences

“Hooning” can result in the impoundment or forfeiture of your vehicle. This can include street racing, burnouts, or driving a modified vehicle. Our Brisbane drink driving lawyers can assist you to apply for the early release of your vehicle if:

• the impoundment was unreasonable; or
• being without your vehicle is causing your hardship.

Focused on Results

Aitken Whyte Lawyers Brisbane are focused on results. Our drink driving lawyers appear daily in Magistrates Courts and other courts across South East Queensland. This gives us the experience to achieve results for you.

Our Brisbane drink driving lawyers understand having to appear in Court is stressful. Our role is to clarify the process and make preparing easy and straightforward. For most applications and appearances, we offer a fixed fee and can discuss payment plans.

Call us to talk about your situation with an experienced lawyer. Our Brisbane drug driving, drink driving, traffic, & criminal defence lawyers are available.

Office Location and Contact Details

Brisbane

Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000

Ph: 07 3229 4459
Fax: +617 3211 9311
E: enquiries@awbrisbanelawyers.com.au