Have You Been Charged With Drink Driving?
Drink driving legislation is one of the most complex collections of subsections of any piece of Queensland legislation. This is primarily because there have been so many changes and challenges to the legislation since its inception in 1995. Each time drug driving lawyers Brisbane has successfully challenged it, the legislators have either added or removed a subsection, with very complicated results.
Drink Driving, Exceeding Blood Alcohol Content (BAC) or Prescribed Content of Alcohol (PCA), Refusing to Accompany Police, Refusing to Furnish a Breath Sample, Drug Driving, Driving Impaired and DUI Driving Under the Influence of either drugs or alcohol are just some of the many charges now in the Transport Operations (Road Use Management) Act 1995.
Drug driving lawyers Brisbane at Drink Driving Defence represent clients charged with the above offences on a daily basis and our law firm office is just a short drive from the Southport Courthouse.
Have You Been Charged With Drug Driving?
Drug Driving cases are a new and emerging area of law, with more and more cases appearing. As such, as these offences increase, prosecution of drug driving offences are becoming harsher. You need an expert who is up to date with the latest developments. When your licences is at risk, you have a lot to lose, including your future, and you need expert advice.
In Queensland the Transport Operations (Road Use Management) Act 1995 provides for two types of ‘drug driving’ offences. The first is treated the same as high range drink driving but, instead of having to prove that a driver has more than a prescribed concentration of a drug in their system, the police simply need to establish that the person is under the influence of the drug.
The second offence is slightly less serious, and does not require the police to establish that a person was actually under the influence of a drug, simply that the drug was present in their blood or saliva. This offence, unsurprisingly, is called ‘driving while a relevant drug is present in blood or saliva’.
Queensland police officers can ask you to provide a saliva sample at a roadside drug test to detect the presence of the following substances, known as relevant drugs:
- Methylamphetamine—also known as speed and ice
- MDMA—the active ingredient in ecstasy
- THC—the active ingredient in cannabis.
Drink Driving Defence Brisbane lawyers handle drug driving cases such as drive under the influence of drugs, driving with prescribed drug in breath or blood and refusing a drug test, with such drugs including Marijuana, speed, ecstasy and ice.
Have You Been Charged With A Hoon Offence?
Hooning is a common word used for any anti-social behavior conducted in a motor vehicle—a car, van or motorbike—such as speeding, street racing, burnouts and playing loud music from a car stereo.
Hooning includes (but is not limited to) dangerous driving, careless driving, driving without reasonable consideration for other people, driving in a way that makes unnecessary noise or smoke, and racing or conducting speed trials on a public road.
At the end of 2013, amendments were made to the Police Powers and Responsibilities Act 2000 relating to traffic offences. Under the amended provisions of this Act, police now have an increased power to impound, confiscate or immobilise vehicles that have been involved in a hooning offence.
Hooning offences are now classed as either a Type 1 or Type 2 offence, each with different penalties.
Type 1 offences are:
- dangerous driving
- careless driving
- organising, promoting or taking part in racing and speed trials
- wilfully starting a motor vehicle or driving in way that makes unnecessary noise or smoke
- evading police.
Type 2 offences are:
- driving a vehicle that is uninsured and unregistered
- driving without a licence or when your licence has been suspended
- high range drink driving—with a blood alcohol level above 0.15%
- exceeding the speed limit by more than 40km/h
- driving a modified vehicle that does not comply with vehicle safety standards
- driving while under a 24 hour suspension order.
For both a Type 1 and a Type 2 offence, depending on the seriousness of the offence, you can be issued an infringement notice, a notice to appear in magistrates court or arrested and detained.
Serious Driving Offences
Have You Been Charged With A Serious Driving Offence?
Serious driving offences include:
- Culpable Driving
- Dangerous Driving Causing Death
- Dangerous Driving Causing Serious Injury
- Negligently Causing Serious Injury
- Reckless Conduct Endangering Life
- Reckless Conduct Endangering Serious Injury
Subsection 328A(6) of the Queensland Criminal Code provides that ‘dangerous’ for the purpose of a criminal charge of dangerous driving means to:
“Operate, or in any way interfere with the operation of, a vehicle at a speed or in a way that is dangerous to the public, having regard to all the circumstances, including-
- the nature, condition and use of the place; and
- the nature and condition of the vehicle; and
- the number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place; and
- the concentration of alcohol in the operator’s blood or breath; and
- the presence of any other substance in the operator’s body.”
A charge for dangerous driving could include such things on the road as:
- Failing to see a motorcycle before entering an intersection and unfortunately striking and killing the motorcyclist
- Being temporarily distracted causing the car to run off the road into the other lane of traffic causing grievous bodily harm to passengers in another vehicle
- Falling asleep at the wheel resulting in a collision with a power pole and serious injuries to the passenger in the car
- Exiting the road after missing a turn, turning too sharply in the dirt causing the vehicle to roll
- Driving at excessive speed
- Driving through a roundabout at excessive speed and cutting off other motorists
If you have been charged with any of the above offences, you must seek the advice of experienced drug driving lawyers Brisbane and/or criminal lawyer. Some of these charges can be dealt with in the Magistrates Court but some can only proceed in the County Court.
The above offences are very serious and we strongly recommend seeking legal advice from drug driving lawyers Brisbane as soon as possible, as terms of imprisonment are often awarded.
Call drug driving lawyers Brisbane at Drink Driving Defence Brisbane and start your successful legal defence.