Being in charge of a motor vehicle while intoxicated is an offence, so it’s important to be cautious.

Did you know that it is an offence to be in charge of a motor vehicle while intoxicated?

This means that, if you’re inside your car after a few drinks, you might be breaking the law even if you’re not driving it. For example, if you plan to sleep in your driver’s seat and put the keys in the ignition to listen to the radio, you might be charged by the police.

Similarly, if you move your car even a little while intoxicated – such as from one parking space to another – you can also be charged. In other words, you don’t need to be drink driving on the highway to find yourself in trouble.

So, if you’re unsure whether you’re over the limit, it’s safest to avoid being inside or operating your car. This way, you avoid risk to yourself – as well as the chance of a penalty for a traffic offence.

If you’ve been charged with a traffic offence, Brooke Winter Solicitors can help. Contact us for a free initial phone consultation.

Drink driving is a common offence, but it can have serious consequences.

If you are given a breath test and you are over the legal limit, you will be charged. You’ll also have to appear in front of a magistrate. Loss of licence is one consequence of drink driving, but in some cases, you might be faced with jail time.

In Queensland, if you have a reading above .100, you’ll be immediately suspended from driving. If you’re caught driving contrary to a suspension, you will lose your licence for a minimum of two years.

So, penalties for drink driving can be severe. You should contact a lawyer and receive legal assistance before your court date. Your lawyer can provide you with information about your situation, and assist you with the court process.

Brooke Winter Solicitors can assist you with traffic law matters. If you’ve been charged with drink driving, contact us for a free initial phone consultation. We’ll assist you to understand your options.

Before going to Court for a family law matter, you first need to attempt mediation.

One way to do so is through family dispute resolution. This involves a qualified mediator working with you and your former spouse. The aim is to reach an agreement on areas of conflict. But, if a resolution is not achieved, you then have the option to go to Court.

However, many people are able to reach an agreement through family dispute resolution.

Here’s some free information on how family dispute resolution works. It might help you resolve your matter out of court, and reduce your legal costs. For more details on the process and how it fits with your circumstances, contact us. We provide free initial phone consultations.

If you’re involved in a criminal investigation, you might be asked to participate in a recorded interview.

There is a risk involved in participating in one of these police interviews before you have spoken to a lawyer. Anything that you do or say in a police interview will be recorded and could be used against you at a later stage. For this reason, it’s a good idea to gain legal assistance before you speak with police.

You have the right to remain silent. If you haven’t spoken with a criminal lawyer, it’s a good idea to exercise this right and make contact with a lawyer as soon as possible.

If you’re contacted by police as part of an investigation, you can contact us immediately at Brooke Winter Solicitors. We can talk with you about your case – as well as what happens in a police interview.

You may be wondering what happens after being charged by the police.

If you’ve been charged by the police and you need to go to court, there are a few options available to you. You can plead guilty to the offence, plead not guilty to the offence, or make submissions or representations to the police.

Making submissions or representations involves negotiation. This is about requesting that the police revise the charge that has been made against you in some way, or the facts associated with the charge. You might be requesting a change or amendment to the charge, or you might be requesting that the charge is withdrawn.

You can put a submission to the police if you have reasonable grounds for requesting it. If you’re unsure whether this is the case in your situation, you can obtain legal assistance.

Brooke Winter Solicitors have experienced criminal lawyers available to assist you with criminal law matters.
For more information about your options, contact us to arrange a free initial phone consultation.

Brooke Winter talks about what you should do if you have been in a vehicle accident, including your obligations for exchanging details with the other drivers involved.

If the police become involved, you should seek legal advice from an expert traffic lawyer.

At Brooke Winter Solicitors, our team of expert solicitors are highly experienced in dealing with traffic law matters. Call us now on 1300 066 669 or contact us.

 

When you apply for bail, you are making a commitment to appear for the court dates listed on your bail application.

It’s important to take care when applying for bail, as you will usually have only one opportunity to make an application. In other words, if you apply for bail and your application is declined, you cannot typically re-apply.

If your bail application is accepted, you’ll be able to return home to your community until your next court date.

If you’re making a bail application in Queensland, you’re welcome to contact Brooke Winter Solicitors. We can give more information about how to make a bail application. We can also give you an idea of how likely it is that your application will be accepted.

We provide free initial phone consultations. Contact us to learn more.

What Happens for a Respondent?

If you have been told you’re a respondent for a domestic violence order application, you might have some questions about what this means. It can be a confusing time, but it can help to have a clear picture of what’s likely to happen next.

At Brooke Winter Solicitors, we often talk with people in this situation. Here are some common questions we hear, and some general answers we might give. If you’re in this situation, it’s a good idea to get specific advice, but this might give you some things to think about.

What Does This Application Mean?

A QLD Domestic Violence Order is issued by a court. So, before someone can ask the court to make an order, they need to make an application.

What Happens In Court?

What If I Don’t Want To Follow The Order?

You need to obey the Domestic Violence Order. If you don’t, you could be charged with a criminal offence.

If you disagree with the order, you do have options within the legal system. You can appeal the decision.

You can also apply to have the order modified at a later stage. For example, if circumstances change, you and the aggrieved (the applicant for the order) might make the application together.

How Does The New Domestic Violence Court Affect Me?

The new Gold Coast domestic violence court – along with other recent changes to the local system – is designed to provide extra support for people involved in domestic violence hearings. You might be connected with extra support, such as a healthy relationships program.

What Next?

Although it can be a confusing time, be sure to follow the directions you receive from police or the court. By keeping your actions in line with your legal responsibilities, you can focus on your options.

Obstructing police is a criminal offence in QLD. This means that if you hinder police in the course of their work, you may be charged with obstructing police.

This means that it’s a good idea to comply with any reasonable directions of the police. You do, however, have the right to remain silent, and the right to contact a lawyer.

If you are being investigated by the police, or if you’ve been arrested or charged, it is a good idea to seek legal assistance as early as possible. Until you speak with a lawyer, it’s advisable to exercise your right to remain silent.

Brooke Winter Solicitors have experienced criminal lawyers who can assist you with your case. Contact us for a free initial phone consultation. We’ll assist you to understand your rights and your options.

Domestic violence is a broad range of behaviours, including physical violence, verbal abuse, emotional abuse or economic abuse. If you’re experiencing domestic violence in a relationship, you might feel unsafe or threatened.

If you believe you have been experiencing domestic violence in a relationship, you may apply for a Domestic Violence Order. This video explains the process involved in applying for a Domestic Violence Order. You can apply on your own, or you can receive assistance. For example, a solicitor can work with you on the application.

If someone has made a Domestic Violence Order against you, we can help with this as well.

For more information, contact us to arrange a free initial phone consultation. Our family law team has many years of experience working with domestic violence cases, so we can assist you to understand your options.

Brooke Winter Solicitors
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