Driving and Traffic Case Studies

Court: Southport Magistrates Court

Lawyer: Joy Qin

Charges:

1. Proceeding through a red traffic arrow; and
2. Driving motor vehicle whilst over the middle alcohol limit but not over the high alcohol limit (0.105%).

Sentence:

1. Disqualified from holding/obtaining a licence for 3 months;
2. $1000 fine, to be paid in 28 days; and
3. Conviction recorded (Traffic History only).

Outcome:

Our client had been served with a notice to appear in the Townsville Magistrates Court. They ordinarily reside on the Gold Coast. They had already lost their employment due to the immediate suspension of their licence because the drink driving was mid-range. They were therefore very interested to know if they could obtain a work licence (restricted licence).

Unfortunately, at the time of the offending, our client was driving a work vehicle back to the company depot at the end of a job. We therefore had to carefully consider whether he was eligible to apply for a work licence as an order for a restricted licence must not be made where “the applicant was engaged in an activity directly connected with the applicant’s means of earning the applicant’s livelihood.” While transporting oneself to work does not fall within the meaning of that section, our client was being paid to drive a work vehicle to the work depot at which point the job would be completed. As such, we determined he was ineligible to apply for a work licence.

By conducting the relevant research and providing our client with advice that he had little prospects of successfully applying for a work licence, we were able to save him the time and cost involved in pursuing a work licence. Where our client was subject to an immediate licence suspension, time was of the essence. Our client could quickly make a decision about how he wanted to proceed with the matter after obtaining our advice.

We promptly took instructions from our client that he wished to plead guilty, and indicated this to the Townsville Courthouse and Townsville Prosecutions before the first mention. Despite being on a Notice to Appear, our correspondence meant that the Court allowed the file to be transferred to Southport and simply placed a warrant to lie on the file until the Southport Court date. This meant that our client did not have to travel to Townsville and when he appeared in Southport, the warrant was immediately vacated.

At sentence, we indicated that our client had immediately lost his job and already suffered from his offending because of the employment implications. He otherwise had a strong work history and no relevant offences in the preceding 5 years. However an aggravating feature of his case was that there were two other drink driving offences on his traffic history. This can increase the penalty and disqualification. So we recommended our client complete a traffic offenders course, where he gained insight into his offending, noting he found QTOP very well run and beneficial. By the time of sentence, our client had been suspended from driving for three and a half weeks since the offending.

We made arguments on our client’s behalf in relation to the appropriate penalty and disqualification, given our client’s unique circumstances. Ultimately, the Court imposed a three month disqualification for the drink driving offence, this is the lowest disqualification period allowed under the legislation. We submitted that proceeding through a red arrow is an offence that is usually dealt with by an infringement notice that attracts a fine of $399. This fine was considered in conjunction with the fine the Magistrate intended to impose for the drink driving offence, and ultimately the Court fined our client a total of $1000.

This was a great outcome for our client. By engaging Potts Lawyers, our client had certainty about his options at an early stage and we were able to expediate the transfer of the matter to Southport to deal with it swiftly, meaning he didn’t have the cost of returning to Townsville and we reduced the time he spent without a licence.

Charges:        1 x Did Drive over the General Alcohol Limit but not over the Middle Alcohol Limit

Court:             Southport Magistrates Court

Lawyers:        Michael Warren

Our client was charged with one count of low range drink driving. He was on his way to work where he was intercepted by police due to speeding. Police observed that he was the sole occupant of the vehicle.

The police required him to submit to a roadside breath test. As a result of the test, he was transported to the local police station. Our client had disclosed to the police that he had been drinking the night before. He did not believe that he was currently under the influence of drugs or alcohol. He submitted to a breath analysis at the police station where he was then charged with an alcohol concentration of 0.059 grams of alcohol in 210 litres of breath. This reading is equivalent to 0.059% blood alcohol concentration.

Our client was obliged to notify Blue Card of his charge and he further disclosed the charge to his place of employment.

We were able to place before the Court a number of considerations including his personal background, the impact a disqualification would have upon him, the impact of a recorded conviction, details of his mental health conditions and his engagement with a psychologist, and the completion of the QTOP program. The Magistrate considered all these factors when sentencing our client and we were able to get him the best possible outcome.

When he was ultimately sentence for the drink driving charge, he was given a small fine and more importantly no conviction was recorded. He was also disqualified for the mandatory minimum, being a period of one month.

Our client was pleased with this amazing outcome.

Category of Offences:       Traffic

Court Heard:                        Southport Magistrates Court

Charges:                              DUI- Drink Driving-0.111%

Plea/Trial:                             Guilty Plea

Brief Description:              

Our client was charged with driving a motor vehicle while whilst over the middle alcohol limit but not over the high limit (0.111%). The client needed a licence for to maintain employment. Potts Lawyers made submissions on behalf of the client and submitted affidavit material as to mitigating factors for the court to take into account when determining the appropriate penalty. Potts lawyers made application to the court on behalf of the client in order to obtain a restricted licence.

Result/Sentence:

The client was convicted and fined $800 and disqualified from driving for 12 months. The client was granted a restricted licence which allowed driving to and from work, by the most direct route between 6am to 6.30pm Monday to Saturday.

Category:                             Traffic

Court:                                    Brisbane Magistrates Court

Charges:                               Driving a motor vehicle without a driver licence (Unlicenced driving)

Trial/Plea:                             No Plea required to be entered

Summary:                            

Our client’s licence had been suspended following an accumulation of demerit points. Our client was charged with driving unlicenced. Potts Lawyers, wrote to the Department of Transport on behalf of the client, seeking clarification as to the period of disqualification and then made submissions to Police Prosecutions identifying an error in the period of disqualification. Potts Lawyers submitted on behalf of the client that no evidence should be offered in relation to the changes by police prosecutions (ie that the charges be withdrawn).

Result:                                  

The prosecution offered to evidence and the client was discharged (charges dropped)

Category:                             Traffic

Court:                                   Southport Magistrates Court

Charges:                               DUI with blood alcohol reading of 0.174%         

Trial/Plea:                             Guilty

Summary:                             Potts Lawyers made submissions on behalf of the client in order to inform the courtof the client’s circumstances when        considering a penalty for the offence.

Result:                                   The client was fined $1200 and disqualified from driving for 10 months.  

Category:                 Traffic

Court:                        Brisbane Magistrates Court

Charges:                   2 charges of DUI, 2 charges of driving while unlicenced

Trial/Plea:                 Guilty

Summary:               

The client was charged with DUI (0.203%) and DUI (0.021%) and two counts of driving without a licence. The client had an extensive traffic history and was at the time of the offence already disqualified for a period of 10 months. Potts Lawyers on behalf of the client made submissions as to the client’s personal circumstances, psychiatric issues, rehabilitation and impact of a custodial sentence.

Result                      

The client was sentenced to a period of probation of two years and the Court imposed conditions as to reporting and counseling. The client was disqualified from driving for a further period of 30 months.

Category:                 Traffic           

Court:                     Coolangatta Magistrates Court     

Charges:                   DUI 0.115%  

Trial/Plea:                 Guilty

Summary:               

Our client was charged with driving under the influence of alcohol (0.115%). Our client worked as a construction site manager and needed his licence to maintain employment. Potts Lawyers made an application to the Court to obtain a restricted work licence on behalf of the client.

Result                      

Our client was fined $500 and disqualified from driving for a period of 6 months. A restricted work licence was granted by the Court.

Category:                             Traffic

Court:                                   Beenleigh Magistrates Court        

Charges:                               DUI (0.075%)                       

Trial/Plea:                             Guilty

Summary:                             Potts Lawyers made submissions on behalf of the client in mitigation of penalty

Result                                   The client was fined $600 and disqualified from driving for 4 months.

Category:                             Traffic

Court:                                   Southport Magistrates Court                     

Charges:                               DUI (0.06%)

Trial/Plea:                             Guilty

Summary:                            

Our client was charged with driving with a blood alcohol content of 0.06%. Holding a licence was critical for our client’s work as an academic and application for a restricted work licence was made to the Court.

Result                                   

Our client was fined $400 and disqualified from driving for a period of 1 month. A restricted work licence was granted for that period.

Category:                             Traffic

Court:                                    Brisbane Magistrates Court          

Charges:                               Use/permit use of an unregistered vehicle

Driving an uninsured vehicle

Use/permit use of vehicle with plates attached that were cancelled 

Trial/Plea:                             Guilty  by reason of s114(3) of the Transport Operations (Road Use Management Act)    

Summary:                            

Our client had sold her vehicle and failed to notify the Department of Transport of its disposal as required under the act, thereby rendering her liable for its unregistered use.The sentencing Magistrate commented that the early plea of guilty was both sensible and timely and accepted Potts Lawyers submissions as to the client’s good character and otherwise unblemished traffic history.                       

Result                                   

In respect of charges 1 and 3 the client was fined $200 and allowed 2 moths to pay. In respect of charge 2 the client was fined $400 and allowed 4 months to pay. She was also ordered to pay $75 court costs

Category:                 Traffic

Court:                        Brisbane Magistrates Court

Tweed Heads Local Court

Charges:                   Disqualified Driving

Driving while using a mobile phone

Disqualified driving (NSW)                                   

Trial/Plea:                 Guilty             

Result                       

Our client was convicted and sentenced to a term of six months imprisonment, but this term was wholly suspended. In respect of charge 2 the client was fined $350 and allowed 1 month to pay. He was further disqualified from holding a licence for 2 years. In respect of charge 3, heard in NSW, our client was sentenced to 18 months imprisonment, but this also was wholly suspended. He was ordered to be of good behavior for a period of 18 months and to pay $76 in Court Costs.

Summary:                

Our client had been previously disqualified from driving for a period of 9 years and was caught driving twice before the expiration of that time.

Category:                 Traffic

Court:                        Southport Magistrates Court                     

Charges:                   DUI (0.214%)

Trial/Plea:                 Guilty

Summary:                

This was our client’s fifth conviction for Drink Driving. Potts Lawyers made submissions as to the client’s psychological issues and efforts at rehabilitation in an effort to avoid a custodial sentence.

Result                       

The client was sentenced to 9 months imprisonment but this was wholly suspended. Our client was disqualified from driving for a period of 18 months.

Category:                 Traffic           

Court:                        Brisbane Magistrates Court                      

Charges:                   DUI (0.130%)           

Trial/Plea:                 Guilty             

Summary:                  Potts lawyers on behalf of the client made extensive submissions and tendered numerous references as to our client’s good character.        

Result                        Client was fined $600 and disqualified from driving for 4 months.

Category:                 Traffic           

Court:                         Southport Magistrates Court         

Charges:                   1. Driving while unlicenced on 25/04/11

2. Driving an unregistered vehicle on 25/04/11

3. Driving an uninsured vehicle on 25/04/11

4. Driving a vehicle with cancelled plates on 25/04/11

5. Driving whilst unlicenced on 30/05/11

6. Driving an unregistered vehicle on 30/05/11

Trial/Plea:               

Potts lawyers made submission on behalf of the client and were successful in having charges 1 and 5 withdrawn. Our client pleaded guilty to the remaining charges.        

Summary:                                        

Result                       

Potts Lawyers were successful in negotiating the removal of two of the 6 charges. For the remaining charges the client was fined a total of $1200.

Category:                 Traffic                       

Court:                                    Coolangatta Magistrates Court     

Charges:                   DUI (0.121%)                       

Trial/Plea:                 Guilty 

Summary:                 Potts Lawyers made submissions on behalf of our client which included disclosure of the client’s depression and anxiety.   

Result                        Our client was fined $500 and disqualified from driving for 3 months

Category:                 Traffic                       

Court:                                    Southport Magistrates Court         

Charges:                   DUI (0.62%)             

Trial/Plea:                 Guilty             

Summary:                

Our client had taken over from the designated driving who had too much to drink. He mistakenly thought he was under the legal limit. Potts Lawyers made submissions and presented comparative sentences to the Court on behalf of the client.

Result                        Our client was fined $400 and disqualified from driving for 5 weeks.

Category:                 Traffic           

Court:                                    Southport Magistrates Court

Charges:                   Fail to provide a specimen of breath for analysis         

Trial/Plea:                 Guilty 

Summary:                Our client was unable to provide police with a breath test. Potts Lawyers made submissions as to our clients character and remorse.

Result                        Our client was fined $900 and disqualified from holding a licence for 6 months.

Category:                 Traffic           

Court:                       Southport Magistrates Court

Charges:                   DUI (0.258%)

Trial/Plea:                 Guilty

Summary:                 Client was picked up drink driving. Our client had some previous traffic history.   

Result                        Client was fined $1200 and disqualified from driving for 11 months

Category:                 Traffic                       

Court:                       Brisbane Magistrates Court

Charges:                   DUI (0.120%)           

Trial/Plea:                 Guilty

Summary:                

Our client had two previous convictions for drink driving and other prior convictions for alcohol related offences. Our client was advised as to steps to take to mitigate his sentence and submissions were made on his behalf in relations to his personal circumstances including his medical history.                

Result                       

Our client was fined $900 and disqualified from driving for 7 months

Category:                 Traffic           

Court:                                    Magistrates Court

Charges:                   Driving without due care and attention

Trial/Plea:                 No plea required to be entered     

Summary:                 Client misunderstood directions from a police officer, who claimed he drove to close to him and did not slow down sufficiently.

Result                        After Potts Lawyers had made submissions on behalf of the client, Police prosecutions offered no evidence and the case was struck out.

Category:                 Traffic           

Court:                         Ipswich Magistrates Court

Charges:                   Application for Special Hardship Licence          

Penalty:                     n/a

Summary:                 Client had lost his licence for six months as a result of accumulated demerit points and his job was at risk.

Result                        SHO granted allowing the client to drive Mondays to Sundays from 10am, to 6pm

Category:                 Traffic           

Court:                                    Brisbane Magistrates Court

Charges:                   DUI (0.065%)           

Trial/Plea:                 Guilty 

Summary:                  Our client was charged with low range drink driving.

Result                        Client was fined $500 and disqualified for 4 months

Category:                 Traffic

Court:                        Holland Park Magistrates Court

Charges:                   Driving while a relevant drug was present in blood or Saliva

Trial/Plea:                 Guilty             

Result                        Our client was fined $600 and disqualified from driving for 4 months.

Category:                 Traffic

Court:                       Sangate Magistrates Court

Charges:                   Driving a motor vehicle at 110km/hr in excess of the speed limit of 80km/hr

Trial/Plea:                 Not Guilty- Summary Trial

Summary:                

Client challenged his speeding fine. The Police case was that the client had travelled in excess of the speed limit along “L” Road. The Client’s case, as presented by Potts Lawyers was that at no time did he travel along “L” Road but rather travelled along “G” Road and then on “SP” Road. No recording of the conversation with Police existed.

Result:                       Client was found not guilty and acquitted.

Category:                 Traffic

Court                         Southort Magistrates Court

Charges:                   s 328(A)(1) Dangerous Operation of a Motor Vehicle

Trial/Plea:                 Not Guilty (client pleads to lesser charge)

Maximum Penalty: Varies with circumstances

Summary:                

Client drove up a hill past a police officer who had pulled another car over, driving too close to the police officer. Client said he did not see the police officer and only realized it was a police car after he had driven past. He saw the flashing lights but assumed they were on because the police had pulled over another vehicle.

Result:                      

Potts Lawyers made submissions on behalf of the client that the police officer had parked inappropriately and that given the conditions it was entirely possible that our client may not have seen the police officer. Potts lawyers also made submissions that the police questioning of our client was inappropriate. The original charge was dropped by the police and the client was charged with the lesser charge of Driving without Due Care and Attention. The client pleaded to the charge, was convicted and fined $300.