11 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
Over four time the limit is a high reading, expect a fine of over $2000 and a licence suspension of around 9-12 months. If you need a work licence you need to apply to the court before your conviction is recorded.
I am not sure of the details of obtaining the Police report, suggest you go along to the station of the officer who booked you and ask for a copy, and if denied ask how you obtain this.
You can go to http://www.police.qld.gov.au/services/purchase/q9.htm and make an application for a copy. However, since you are the defendant, you wont need to do that.
If you were only charged in the last day and the court date is in two weeks, then it is not likely that the court brief will be completed yet.
Your legal rep can obtain a copy of it, on the morning that you go to court, from the prosecutor. Are you going to try to get a duty solicitor to take your case? I'm not sure if they will take cases such as yours.
The Police are required to provide you with the full brief of evidence prior to a hearing, however there is no requirement for them to provide you with the court brief prior to your first appearance.
By the way; why do you want to see the court brief? Is it curiosity or do you have a legal issue you need to raise?
I want to get details of the full circumstances so I can better formulate what i say to the magistrate to hopefully mitigate fine/suspension as much as possible.
Also to ensure that the police have stated I was co-operative, etc and there are no nasty or wrong surprises.
I would think a duty solicitor would have to take on pretty much any case??
To MartinO - in Qld, once your reading is over .15 your licence is disqualified immediately and until your case is heard (no 24 hour period) and you cannot get a work licence under any circumstances.
Doesnt matter if you were found driving the car dangerously or if you were simply parked in a car park asleep at the wheel with the keys in ignition, on or near you.
Court is set for Wed.
I have attended 3 mornings in traffic court to see what goes on and what sort of fines/suspensions are handed out.
Hihly recommed this - amazing how many people dress like slobs and address the magistrate incorrectly or mumble.
Surprisingly, the magistrates all seemed very reasonable.
Unless you are facing a jail term (that is you have been caught driving while disqualified twice) and you can string a coherent sentence together, legal representation seemed to have no effect on the fine or length of disqualification.
I spoke to legal aid on the fine and am looking at $1500 & 15mths for .203.
Most lawyers asked for higher fines and lower suspension periods which the magistrates seemed willing to give.
If you can, attend some traffic court sessions - very helpful
Also, getting the QP9 (the police charges) was easy - fill in a form and they give it to you. Couple of small facts I would dispute but nothing that would alter the outcome.
And yes, there is no way you will get legal aid help - they are there only to help those who are probably going to jail.
However, you can call legal aid and book a day for phone advice with a lawyer - they will call you next day (call early to book a time - spots go quick!). Most useful.
In my guys opinion character references are a waste of time - in his words, even a ref form Jesus Christ wont help much - there are prescribed penalties depending on your reading.
OK - 6mths $2000 for .203.
Represented myself - got a reference from previous employer to emphasis that my career is important.
If you go for DUI, go to court a few times to observe, wear a suit (rather than shorts, jeans and joggers like SO many i saw), say "Your Honour" rather than mumble or call him mate.
Legal representation is only worthwhile if you are facing jail time, there is something different about your case and/or you are not confident in stating your own case.
From what I've seen it is surprising what low suspension periods most people got - even idiots who had no idea and looked liked they crawled off the street. .05 - .08's often got only 4 - 6 weeks even without much defence.
Surprising given the press are all over this issue every day up here.
However, don't drive if you've even had 1 or 2 drinks - saw plenty of people who misjudged and got done for low readings but it has really affected their lives.
Hi Peter, thankyou very much for the info...
I'm 25 yr old male from QLD , with no convictions what so ever for anything, on the weekend, I blew 0.174 ...very stupid i know..
I'm kind of assuming i'll get a similar sentence...?
Mayby 6 months diqualified.. $1500 fine?
any advice would be great, should i seek legal advice? There is absolutly no way i can get a work licence right? even after a few months?
Bzillia, this is what happens when you post a question in someone elses thread, it's rare to get an answer, Peter came here for some information and once the case was finalised he let us know what happened.
His case and yours are different, and the likelihood of him coming back is slight let alone him being able to assist you.
Perhaps if you were to post your question in it's own thread, with full details, one of the regulars may be able to assist. But be aware, many of the sentences for drink driving are mandated, so the chance of you getting any advice that will help you reduce your penalty is slight.