Do I Need A Lawyer To Represent Me If I Have Been Charged With A Traffic Offence?

Some people believe that lawyers are a waste of money and feel they can represent themselves. However, being disqualified from driving can cause significant concern for most people, especially for those who need their license for work. We have experienced traffic lawyers who can appear for you in court on a daily basis and know the importance of staying up-to-date with the law.

We can ensure your case is put forward to the court and make the most appropriate submission possible to make sure you get the best possible outcome.

Having us assist you will ease the stress that can be associated with appearing in court as our traffic lawyers speak in plain English and respond in a timely manner.

What Is The Law Regarding Drink Driving?

The law in Queensland states that a person in charge of a motor vehicle who has a blood alcohol concentration (“BAC”) level in excess of the prescribed limit, or who is adversely affected by alcohol, commits a drink driving offence.

What Happens If I Do Not Complete A Breath Test For Police?

You may also be charged with a drink driving offence if you refuse to provide a specimen of breath, blood or saliva as directed by police.

Can I Drive If I Have Been Caught Drink Driving?

If you have been caught drink driving, your licence will be automatically suspended for a minimum of 24 hours. In no circumstances are you permitted to drive any vehicle during this period. Be cautious. Some drink driving charges will result in your licence being suspended, up until your court date.

Are There Any Possible Defences To Drink Driving?

There are really only three possible defences to a drink driving charge. It is extremely uncommon to see any of these defences being used to counter drink driving charges. Potential defences include:

• you were not driving, or in charge of the vehicle, at the time,
• the police instrument recording your reading was not operating correctly, and
• you did provide a specimen or breath or blood (if charged with failure to provide).

What Is A Driver Education Program?

If you have been charged with drink driving, it may be beneficial for you to attend a drink driving program or attitudinal driving workshop.

These programs include the Queensland Traffic Offenders Program (“QTOP“), the SAVE – Traffic Offender Intervention Program (“SAVE“) and Under The Limit (“UTL“). The QTOP and SAVE programs aims to increase your understanding of your social responsibility overall. The UTL program focusses on drink driving prevention and rehabilitation.

What Should I Bring With Me When Meeting A Lawyer For A Drink Driving Charge?

It will be beneficial if you bring the following documents with you:

• a copy of the Police QP9 Report,
• a copy of your traffic history, from the Department of Transport and Main Roads, and
• your current criminal record, from your local police station.

If you do not have the above, we can assist you in obtaining these documents.

How We Can Help

Our experienced drink driving lawyers can:

• expertly navigate traffic law complexities,
• advise you on potential penalties,
• identify any mitigating factors that will assist your defence to get you the best possible result,
• ensure all required documentation is prepared in a timely manner,
• provide extensive support in the lead up to court appearances,
• respond to your questions in a timely manner,
• advise you of the likelihood of succeeding in your application for a work licence, and
• provide reliable and professional representation in all court proceedings.

Contact Us

Charged with drink driving? Get the best representation. Contact Ryan Murdoch O’Regan’s drink driving lawyers on 1800 999 529, email mail@rmold.newwebsite.live or submit an enquiry below.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.