Driving Offences 2018-06-28T14:49:47+00:00

Driving Offences

The consequences of being convicted of a Driving Offence can be very serious. At the very least there is a mandatory disqualification of your licence however terms of imprisonment are able to be imposed. Contact our office to seek advice prior to appearing in court.

The consequences of being convicted of Drink Driving can be very serious. At the very least there is a mandatory disqualification of your licence however terms of imprisonment are able to be imposed. Contact our office to seek advice prior to appearing in court.

Section 79 of the Transport Operations (Road Use Management) Act 1995 states that:

Offence of driving etc. while under the influence any person who, while under the influence of liquor or a drug—

  1. drives a motor vehicle, tram, train or vessel; or
  2. attempts to put in motion a motor vehicle, tram, train or vessel; or
  3. is in charge of a motor vehicle, tram, train or vessel;
    is guilty of an offence and liable to a penalty not exceeding 28 penalty units or to imprisonment for a term not exceeding 9 months.

Therefore, it must be proven that a Defendant has either driven a motor vehicle, tram, train or vessel, attempted to put in motion a motor vehicle, tram, train or vessel or was in charge of a motor vehicle, tram, train or vessel whilst being under the influence of liquor.

In Queensland the legal blood alcohol concentration (BAC) limits are:

  1. No alcohol limit – 0.00;
  2. General alcohol limit – 0.05;
  3. Middle alcohol limit – equal to or more than 0.10;
  4. High alcohol limit – equal to or more than 0.15 (the charge of failure to provide specimen of breath or blood for analysis is automatically placed into this category).

The maximum penalty that the Magistrate may impose on you upon a plea of guilty or a finding of guilt depends upon the BAC and any previous convictions or similar matters. Contact our office for advice regarding your particular circumstances.

Importantly, the legislation allows for an immediate licence suspension if you are charged with:

  1. A ‘low range’ drink driving offence (less than 0.10 BAC) whilst an earlier drink driving charge is pending;
  2. A mid or high range drink driving offence (more than 0.10 BAC);
  3. Fail to provide a specimen of breath or blood for analysis; or
  4. Dangerous Operation of a Motor Vehicle whilst under the influence.

Do not drive on this suspension as the ramifications are very serious. Including a mandatory two (2) year licence disqualification.

You may be eligible to apply for a Section 87 Restricted Work Licence. We recommend that you contact our office to discuss your eligibility.

Section 79(2AA) of the Transport Operations (Road Use Management) Act 1995 states that:

Offence of driving etc. while relevant drug is present in blood or saliva.

Any person who, while a relevant drug is present in the person’s blood or saliva—
(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor vehicle, tram, train or vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel;
is guilty of an offence and liable to a penalty not exceeding 14 penalty units or to imprisonment for a term not exceeding 3 months.

Therefore, it must be proven that you have either driven a motor vehicle, tram, train or vessel, attempted to put in motion a motor vehicle, tram, train or vessel or was in charge of a motor vehicle, tram, train or vessel whilst a drug was present in your blood or saliva.

The legislation further provides a mandatory licence disqualification period of one (1) month with a maximum of nine (9) months.

This offence is generally detected by Police by way of a random drug test. This test requires a person to provide a sample of their saliva for testing. This test detects Cannabis, Ecstasy and Amphetamines. Should you provide a positive result you will generally be required to complete a second test. Should this second test also return a positive result you may be charged, and your licence automatically suspended for a period of 24 hours.

You may be eligible to apply for a Section 87 Restricted Licence. We recommend that you contact our office to discuss your eligibility.

Section 78 of the Transport Operations (Road Use Management) Act 1995 states that:

A person must not drive a motor vehicle on a road unless the person holds a driver licence authorising the person to drive the vehicle on the road.

The maximum penalty for this offence is:

i. If the offence was committed while the person was disqualified, by any court order – sixty (60) penalty units or eighteen (18) months imprisonment; or
ii. Otherwise – Forty (40) penalty units or one (1) years imprisonment.

Contact our office to discuss the disqualification periods relevant to your circumstances.

Section 328A of the Criminal Code 1899 creates an offence of Dangerous Operation of a Vehicle. This section provides that:

A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour.

The maximum penalty for this offence is two hundred (200) penalty units or three (3) years imprisonment.

Subsection 2 of this section provides a number of aggravating factors. These being, if the offender:

  1. At the time of committing the offence is adversely affected by an intoxicating substance; or
  2. At the time of committing the offence is excessively speeding or taking part in an unlawful race or unlawful speed trial; or
  3. Has been previously convicted either upon indictment or summarily of an offence against this section;

The maximum penalty that applies should one or more of these aggravating factors be alleged is increased to four hundred (400) penalty units or five (5) years imprisonment.

Subsection 3 further provides that if the offender has been previously convicted of an offence against this section committed while the offender was adversely affected by an intoxicating substance; or twice previously convicted of the same prescribed offence or different prescribed offences (Dangerous driving, an offence charged on indictment involving driving or operation of a vehicle at a speed causing or likely to cause injury to anyone, drink driving or drug driving) the sentencing court or justices must, upon conviction, impose as the whole or part of the punishment, imprisonment.

Further maximum penalties apply should death or grievous bodily harm occur to another person. Licence disqualification periods will also be imposed. Contact our office to discuss your circumstances.

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