Articles

Category: Traffic Matters


Applying for a work licence in Queensland

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

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 and penalties for dangerous driving causing death

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 when breath test was hours after driving

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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Is it an offence to refuse a breath test?

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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Charged with “being in charge of a motor vehicle while under the influence of liquor or a drug”

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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Strict new laws apply to Queensland drivers from 26 July 2021, relating to the use of mobile phones and seatbelts.

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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Will my criminal prosecution be before a jury or a judge only?

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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What is a character witness?

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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What is legal professional privilege?

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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Mobile phone use while driving – Queensland charges and penalties

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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Criminal court sentencing hearings during COVID-19

COVID-19 and the impact on criminal court sentencing

Procedures and decisions related to sentencing hearings, particularly where defendants are likely to receive a custodial sentence, have seen significant change in light of coronavirus.
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