Have you been directed to appear in your local Magistrates Court to answer to a drink driving charge? You need an experienced traffic and drink driving lawyer by your side who can guide you through the process, assist you with your options, defend your rights in court and help you get back on the road as soon as possible.
Our top 3 reasons for engaging a traffic solicitor for a drink driving charge:
- All drink driving charges come with a mandatory minimum disqualification period
By law, anyone who is convicted of a drink driving offence must have their licence disqualified for a period of time. The legislation imposed by the Government requires mandatory minimum disqualification periods to be imposed for the different drink driving offences. For example, for anyone convicted of a low range drink driving offence, their licence must be disqualified for at least 1 month. For mid range drink driving offences, there is a mandatory minimum disqualification period of 3 months. For high range drink driving offences, the mandatory minimum is 6 months.
Whilst the government imposes the minimum disqualification periods to be imposed, the sentencing Magistrates have a discretion to impose a higher disqualification period than the minimum, meaning more time off the road. The disqualification period you will receive will depend on a number of factors including your breath alcohol concentration, any sentence preparation you have completed, your traffic history and the circumstances of the offence. An experienced traffic solicitor will be able to make submissions at your court date about why you should be afforded the most lenient penalty in the circumstances.
- The sentencing range for drink driving offences is broad.
Similarly to the disqualification periods, the sentencing Magistrates have a discretion to impose a wide variety of penalties which can range from fines, to probation, community service and even imprisonment. For a first time offender, the maximum penalty for a low range drink driving offence is 3 months imprisonment, and the maximum penalty for a high range drink driving offence is 9 months imprisonment. This penalty is increased if you have previously been convicted of a similar offence in the preceding 5 years. For that reason, it is important to engage a professional who can help you understand the sentencing possibilities and assist in reducing your potential penalty.
The penalty you receive will depend on a number of factors including your traffic history, the circumstances of the charge, any aggravating factors, and your breath alcohol concentration at the time of the offence.
- A traffic lawyer understands how the court system works
By engaging a traffic lawyer, you are taking the stress out of appearing in court. Appearing in court can be daunting, and a lawyer will ease that stress and ensure that your rights are defended in court. If you represent yourself, whilst you will have an opportunity to speak, you may not say the right things, or forget to mention important information. Without a traffic lawyer, the Magistrate may only hear the circumstances of the offence that the police prosecutor puts forward, and not the reasons behind the offending or the impact of the offence on your life and what a licence disqualification will mean for your or your family. A prosecutor acts on behalf of the Queensland Police, so they will not mention these things to the Court for you.
- A traffic lawyer can help you prepare for court
Given the variation in penalties that can be imposed for drink driving offences, it is important to take sentence preparation seriously. An experienced drink driving lawyer will be able to assist you in preparing for court, by recommending certain activities for you to undertake which will in turn help with the argument that you should be afforded the least serious penalty in the circumstances.
- You may be eligible for a work licence
If you require your licence to keep your employment, you may be eligible to apply for a work licence, which will allow you to keep driving during your disqualification period for purposes connected with your means of earning a living.
A traffic lawyer will be able to determine your eligibility for a work licence application, help you prepare the necessary documentation and affidavits (which is required by legislation to meet strict criteria), and represent you at the hearing of the work licence application.
Why Coates Davey Solicitors?
The Directors of Coates Davey Solicitors, Philip Coates and Elizabeth Davey pride themselves on being approachable and passionate, tailoring each client’s experience to suit their specific needs and working tirelessly on all cases. Elizabeth heads the Brisbane based traffic lawyers team, who appear all throughout Queensland.
Contact Coates Davey Solicitors Today
For further information, please contact our friendly team at Coates Davey Solicitors by phone on 07 3181 5668 or email [email protected].