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DUI & driving outside of Working Licence hrs, QLD

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1stoffender1 View Drop Down
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  Quote 1stoffender1 Quote  Post ReplyReply Direct Link To This Post Topic: DUI & driving outside of Working Licence hrs, QLD
    Posted: 05/June/2012 at 22:36
Hi, seeking any informed advice on the following pls:

My brother is a first offender & was charged with low range DUI. He was initially given one (1) month licence suspension but he requested an adjournment to seek legal advice. In the interim, he was granted a Work (Restricted) Licence for Mon-Sat.

Before his next court appearance was due, he was driving on a Sunday and was pulled over the police. He had an alcohol level of 0 but was driving outside of his restricted work licence and had passengers in the car (he was unaware that his restricted licence did not permit him to have passengers in vehicle).

Now during his first Court appearance, there was a discrepancy where the Police had booked him driving a motorcycle and not a car. They then had the Order amended to include a car.

In hindsight, he should have accepted the one (1) month suspension and it would have all been over well before now!

Can you please adise of what his consequences may be for his case? His Court case is next week and we still need to find an affordable legal representative who is flexible with fee payments.

Any advice on all the above, including an affordable legal representative with flexible payment arrangements will be much appreciated. Thank you in advance for your assistance.   

Edited by 1stoffender1 - 05/June/2012 at 22:39

 

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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2012 at 00:35
I expect he will lose his work licence and his suspension will be extended, perhaps to three months. Probably be a fine as well.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

 

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  Quote 1stoffender1 Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2012 at 09:20
Thanks MartinO for your advice, much appreciated.

Is there a Brisbane lawyer/law firm that you can recommend who can be flexible with payment arrangements please?

 

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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2012 at 10:04
Sorry, you will have to do your own homework on this. Often citizens advice or community legal centres can give some guidance and perhaps point you to suitable representation.

But be aware that unless there was a compelling argument for no penalty to be imposed, all any legal rep could do is present arguments in mitigation.

Blatantly ignoring a light penalty is really asking for trouble. This error by your brother was rather silly, it seems.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

 

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  Quote 1stoffender1 Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2012 at 12:44
Thanks again MartinO for your speedy response and advice.

On the Sunday in question, my brother's son (my nephew) was stranded and needed help, couldn't reach his mother so he rang his Dad for assistance. My brother said that he automatically went in autopilot and thought first of saving his stranded son and did not think of his licence restrictions nor any consequences involved should he be caught.

As my brother's children live with their mother, my brother tries to assist his children to the best of his ability as he does not want to let them down.

Given the circumstances, he is remorsely of the fact that he drove a vehicle outside of his licence restrictions but says that he had no choice but to save his son.

Thank you so much for your advice MartinO, I sincerely appreciate it. Take care and God bless.








 

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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2012 at 15:57
Those reasons given to a court may swing the matter in his favour, but he should get a solicitor to present his case.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

 

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1stoffender1 View Drop Down
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  Quote 1stoffender1 Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2012 at 16:49
Thank you very much MartinO for your latest advice. So far, I have managed to book an initial lawyer consultation via telephone for my brother tonight. I will advise my brother to tell the lawyer everything..hopefully this lawyer can accept it, will fight for my brother's case and that all goes well. Have had a couple of negative reactions from a couple of lawyers when provided with the above-mentioned information. This hasn't been taken lightly so need to prepare him for the worst but obviously hope and pray for the best.

Sincerest appreciation for your time taken to provide rapid responses..keep up the great work!

 

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De Facto Agreements, fully certified & enforceable - $1,350

DIY Wills and Powers of Attorney from $29.95

Divorce and Family Law Kit - case studies & property settlement calculator - $49.95

Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

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