It will be outlined below the wide range of offences which may have an outcome of a disqualification of a driver licence disqualification. Depending on the nature of the offence, you may be suspended on the spot, however, driver’s license disqualification is predominantly made through a court order. Once you have served the disqualification period, you are then to reapply for a fresh licence at your local Transport and Main Roads (TMR) Precinct.

There is a subtle difference that distinguishes a disqualification and a licence suspension. Suspensions are imposed often for offences that related to outstanding payments for fines, or the accumulative loss of demerit points. Unlike a disqualification, a suspension once served will automatically reactivate your driver’s licence.

The current penalties that are in place for driving whilst disqualified are quite serious in nature. The confiscation period for your license may be from two years to five years, with the addition of more substantial fines, or even 18 months of imprisonment. If you have had your licence disqualified or was pulled over while driving disqualified, the sooner you can access expert legal advice, the smother the process and better the outcome will be.

Offences that incur disqualification:

If in Queensland, you are convicted of the following offences you will be disqualified from holding a driver’s licence until that disqualification period has been served:

• Drink driving offences;
• Drug driving offences;
• Dangerous driving offences;
• Criminal offences committed while using a motor vehicle.

Driving on a public road in Queensland is illegal if done so without a valid driver’s licence pursuant to the Transport Operations (Road Use Management) Act 1995, if you have received a disqualification for holding or obtaining a driver’s licence, or, if you have not visited a main roads authority to get another licence before driving again, your previous license will not be valid.

Similarly, if your license has been suspended for whatever reason, whether it be for the accumulation of unpaid fines, speeding or drink driving before the charge is heard by the court, you will be charged with unlicensed driving. If this is the offence you have been convicted of, then it is the job of the court to enforce a mandatory two to five-year driver’s licence disqualification. If you have been convicted of more than one drink or drug driving offence since May 2008, the disqualification periods will be cumulative, meaning they will add up rather than run at together at the same time. The court takes into account that if an offender is to drive while disqualified the penalties become much more substantive and sever. A range of factors have the ability to be considered by the court, however, the basis for this type of offending is that the court must disqualify you from holding or obtaining a driver’s licence for between two and five years. This may. Come in conjunction with a large fine, potentially over the sum of $8,000.00 or even be subject to imprisonment for up to 18 months.

Are there potential exemptions I may be eligible for?

You are unable to drive once your licence is disqualified unless you are eligible receive a restricted driver’s licence. This type of exempt licence is only granted in specific situations by the magistrate for employment related reasons. An example of this is, if driving is a part of your work duties, or driving is necessary in order to make your living. In cases such as these, it is recommended that expert legal advice is sought as applying for a restricted work licence sets out a large criterion that needs to be satisfied in order to establish your eligibility. Along with this, seeking legal advice as soon as possible is recommended in order to provide an adequate amount of time for documents and other necessity to be filed and completed before your appearance date in court.

The direct impact of being disqualified from driving and obtaining a Queensland Driver’s licence can be a harsh reality to face in anyone’s life, including the potential to lose employment and to drive spontaneously to see friends and family. The legal professionals at Legal Advisory Service are specialists in representing anyone facing charges that are directly related to traffic offences and the likely potential Queensland licence disqualification. We have significant amounts of expertise to advise you promptly of the best avenue in which would be most beneficial for you. Contact our Gold Coast traffic lawyers on (07) 5606 7878, and a free consultation can be organised if you have any outstanding questions about anything mentioned in this article above.

The post Involved in a driving offence or disqualification in QLD? What you need to know appeared first on Legal Advisory Service.

Without a warrant or a person’s consent, police must rely on existing powers to search (either before or after arrest). For example, police must reasonably suspect you possess an unlawful dangerous drug among other possible criteria that gives the basis for a search. Some of these include:

• a weapon (e.g. a knife, explosives or an unlicensed gun)
• illegal drugs or drug implements
• stolen or unlawfully obtained property
• graffiti instruments
• tools used for housebreaking or car stealing
• something you intend to use to harm yourself or someone else with
• evidence of certain breaches of the Liquor Act 1992 (e.g. drinking alcohol in a public place)
• some evidence of either an offence punishable by 7 years jail or wilful damage.

What happens if I don’t consent?

There must be a lawful reason for a police officer to search your phone or computer, however, if there is no lawful reasoning behind the search and you haven’t consented then the court may not consider any evidence found.

You can refuse the question of searching your phone or computer. Police will need a warrant to commence a more extensive search, until then, police have authority to seize the item or items. Courts may grant authority in police officers to obtain your codes or passwords for the devices in question.

What protects me during a search? (Police obligations)

Police are legally obliged to ensure that they respect your dignity and cause minimal embarrassment. They must also limit a search in public to a ‘frisk’ search, away from public view. Usually for searches that are more invasive, a police officer of the same sex is to search you, unless an immediate search is required.

What happens is Police take my property?

If your phone or other mobile device is seized in the process of a search, there must be a valid legal reason behind why it has been kept. Usually when property is taken by the police, you have illegal drugs, stolen property, unlicensed guns, child pornography or something else that might be evidence of an alleged offence. There is also a potential for police to take larger items such as vehicles if you have committed an offence through criminal activity.

After your property is taken, a receipt must be given to you as soon as possible by police. If you are found to be guilty of an offence by the court, the judge or magistrate may order to confiscate or even destroy the property. There is the possibility that upon application to have the property returned, after 28 days it may be back in your hands, this is only applicable to things other than illegal drugs and weapons or any other illegal property.

Conclusion

Police officers cannot search your device without lawful reason, if they breach their obligations to you through incorrect searching methods, or other weighted factors, it would be recommended to seek legal advice to break down further technicalities involved in the law.

The post Can Authorities search through my personal device without consent in Queensland? appeared first on Legal Advisory Service.

In light of the current restrictions, more specifically social distancing restrictions, that have been in place for some time in response to the COVID 19 global pandemic, Queensland courts have opted against the use of a Jury in trial matters, resorting to judge only trials.

The role of a jury

The jury consists of 12 members of the public picked at random from the electoral roll.

Jurors are charged with the responsibility of deciding whether, on the evidence of the case, a person is guilty or not guilty of the offence for which he or she has been charged.

The jury must reach its verdict by considering only the evidence introduced in court and the directions of the judge. The jury does not interpret the law. It follows the directions of the judge on legal matters.

With this, jurors due have specific rules and guidelines that must be met in order to keep legitimacy and justness throughout each case hearing. If these rules have been contravened, there may be a matter resulting in a juror misconduct to be actioned or there may be a mistrial.

What is a Judge only trial?

A judge alone trial is a proceeding where rather than a judge coming to a final decision on a matter that has gone to trial, a jury assists the court in coming to a conclusion that is the most just and equitable outcome based on the evidence that has been presented in the case.

The benefits of a Judge only trial

A judge alone trial is beneficial strictly depending on the circumstances.

When a judge delivers their verdict, they have to give reasons as to what brought them to their decision. The disclosure of why a judge has decided on a guilty verdict makes the process more honest and transparent. This then shows that the decision that was made, was made exclusively on the evidence whereas coming to a decision based on emotion, prejudgment or sympathy.

When a trial by a jury is used in most cases, the jury deliberations are held behind closed doors, it is not necessary for the jury to disclose the reasons for that set the basis of the decision they came to. Therefore, there is no way of knowing whether the decision was made from a dispassionate and clinical assessment of the evidence.

When a case is more complex, it can become difficult for jurors to comprehend and understand particular issues. Cases like these may typically involve scientific evidence produced by experts, or substantive amounts of forensic materials. It is in these cases that judges have the better foundation when analysing evidence and know what specific areas of the evidence they should focus more attention on.

The benefits of a Jury trial

There are supporters of jury trials that highlight the unjustness of having one delegated person to make the overarching decision, but rather advocating for a group of people that have been given specific task of coming to a decision. It is also believed that a jury trial can correctly reflect the views of the more so than community because members of the jury are randomly selected from the public.

It is regularly stated that juries play a crucial role in our judicial system and there is no reason that the correct conclusion is unable to be reached between 12 regular citizens who have considered the evidence obtainable by the court. It could be a reasonable apprehension that a single judge might be slightly disconnected to that of regular societal norms, and their decision may not mirror the principles of the public as a collective.

Current restrictions that remain in Queensland and how it is affecting the court system

Queensland Courts are responding to the evolving impact of the COVID-19 pandemic and have implemented a range of changes to court operations. However, Queensland courts are hearing cases.

The current court attendance requirements are laid out below:

Maintain safe distancing

• Follow COVID-19 signage instructions about safe distancing and the directions of court staff and security officers
  • Staff may limit the number of people entering the courthouse to ensure safe distancing can be maintained
  • Leave a one seat space in the public gallery (unless family/same household)
  • You may be required to leave a courtroom at any time, if necessary, for court proceedings to continue.

Hygiene and cleaning

• Follow COVID-19 signage instructions about good hygiene practices
  • Use the hand sanitiser, disinfectant wipes, tissues and bins provided
  • In addition to daily routine cleaning on court sitting days, contact flat surfaces in courtrooms and high touch surfaces in public areas will be cleaned more regularly.

The way forward

With current restrictions overseen attentively by governments, the future implementations planned for easement of restrictions through proposed stages are the only way back to the pre-COVID courts. However, the question that remains is whether this is a much needed ‘clean slate’ in which we can see new, more effective operations change the jury and court system forever?

Computer technology is playing a great role in the implementation of the ever-changing times, particularly where video conferencing is used by the Court. There could be some variation between State and Federal Courts in the quality and accessibility of such technology.

For example, in New South Wales, a larger dependence on technology, increasing the use of audio visual links and pre-recording evidence of key witnesses has become and will remain a significant part of everyday operations due to newly introduced emergency laws.

In some jurisdictions, parties will be required to lodge electronic court books.

Thus, a jurisdiction which provides a speedier resolution of a dispute because of the accessibility of its technology may be preferred and could render a change in the court system forever.

Recommendations on ways around seating a jury

The way forward for juries has been a topical point of discussion, but utilising technology such as audio-visual links that can be attained by jury members should be considered. During the stricter times COVID brought previously, this recommendation of online video calls would have been hard to regulate and exclude subjectivity, especially in more high-profile matters.

The post Forced Judge Only No Jury Trials in Light of COVID 19 appeared first on Legal Advisory Service.

I was a family man with a wife and two children and a reasonably successful business. After 14 years of marriage there were some issues that just could not be resolved. We progressed to separation and then we had to start the painful process of divorce, parental orders and settlement orders. What a nightmare.

If you have ever been through this before the worst part is the children do suffer and you try as much as possible to avoid this but with emotions and finances in the same powder keg it eventually will blow up.

What I needed at the start of this process and what I am not immensely grateful for is the FREE legal advice I received from Legal Advisory. That first session pointing me in the right direction helped so much in removing the fear of the unknown. I was then able to make clear and precise decisions on the future.

Now you would think I used them for family law work and the divorce proceedings, not quite. They referred me to another expert who was fantastic to say the least. The fact they were not after my money but were more concerned about my well being left a lasting memory and when I really did need them they were there.

Now I need you

Some months after while the back and forth was happening with my ex partner I was at a golfing event where I consumed a fair quantity of alcohol. During the one day off that I had my ex partner decided she had enough of my 12 year old daughter asking for me and dropped her unattended at my residence while I was not there…..I couldn’t believe it.

I then stupidly got into my vehicle not thinking about me but only about my daughter and drove. Of course I was quickly stopped by the police and charged with drink driving and it was a mid range reading.

I called the Legal Advisory team and again they gave me free legal advice. They then represented me in court at a reasonable cost and obtained a reduced sentence and day license so I could still operate my business. Thank god.

I have never repeated this stupidity but I will always return to Legal Advisory when I need help….which I hope is not too often.

Mr X.

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