Articles
Category: Traffic Matters
Unlicensed driving in Queensland
To drive a motor vehicle on a road in Queensland, a driver must hold a valid licence. If a driver is intercepted by police and does not hold a valid driver licence, they could be charged with an offence of driving unlicensed.
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Applying for a work licence in Queensland
In Queensland, if you are facing court ordered disqualification from driving, you may be eligible to apply for a work licence to allow you to continue to drive in the course of your employment.
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Applications for a special hardship order after licence suspension
If your driving licence is going to be suspended, in some circumstances you may be able to apply to obtain a “special hardship order” which may permit you to drive for certain purposes during the period of your licence suspension.
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Criminal charges for dangerous driving causing death
There are a number of charges and penalties for driving offences causing death, with the most common being ‘dangerous operation of a motor vehicle causing death’.
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Drink driving defence – alcohol consumption was after driving
If you're charged with drink driving, the prosecution must prove that you drove a motor vehicle and that at the time of driving, you were under the influence of alcohol. Proving the offence can become much more difficult if you were breath-tested at a time when you were no longer driving.
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Can I refuse a breath test?
We explore the consequences for failing to submit to a breath test, and whether there are any circumstances in which you can refuse a breath test and defend a charge for failing to provide one.
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What does it mean to be ‘in charge’ of a motor vehicle?
In this interesting drink driving case, the court found the defendant not guilty of driving under the influence where he was found asleep in the driver’s seat with the engine running.
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Higher penalties: mobile phone use and seatbelt laws in Queensland
As of 26 July 2021, even stricter laws apply to Queensland drivers relating to the use of mobile phones and seatbelts. The changes to the law include increased penalties and more enforcement of the rules.
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Criminal trials before a jury or judge alone
There are numerous factors that weigh into the issue of whether a criminal prosecution will have a trial by jury or by judge alone. In Queensland, trials in the District and Supreme Courts are generally held in front of a jury and judge, while trials in the Magistrates Court are determined, by the presiding Magistrate alone.
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Character witnesses – providing character evidence at trial
When a person charged with a criminal offence seeks to rely upon character evidence, it usually falls into one of two categories. In this article, we look at the form of evidence that someone charged with an offence may rely upon at trial in the defence of the allegations.
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Legal Professional Privilege
Legal professional privilege describes the protection from disclosure extended to communications (written or oral) made in the course of obtaining legal advice or for contemplated or actual legal proceedings.
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Increased penalties for using a mobile phone while driving (Queensland)
As of 1 February 2020, Queensland motorists now face significantly harsher penalties for using a mobile phone whilst driving. Those penalties can result in costly fines, double demerit points and in some cases, the loss of your licence.
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