Southport Magistrates Court
13 August 2021
Our client had Domestic Violence Order against him made in February 2021. It had multiple conditions including a no contact condition. Across the following months he had sent 576 messages to the Aggrieved containing derogatory comments, psychological manipulation, and death threats. He was remanded in custody until his sentence. We were retained in Late July 2021, conferenced with him at the earliest opportunity and listed his matter for sentence.
The charge of ‘Using a carriage service to menace, harass or cause offence’ was withdrawn, and our client was sentenced on the remaining charge to a s19 good behavior bond of $1,500 for 12 months. He was immediately released from custody.
Southport Children’s Court of Queensland
August 2021
Our client was charged with raping a friend while their friend was visiting their home. The parties were both under 18 years of age. The maximum penalty for this offence is life imprisonment.
Our client maintained that they wished to plead guilty to the offence and was accepting of the facts as alleged by police. Our client was at a real risk of serving time in juvenile detention for the offence.
We provided our client a detailed list of preparations to complete prior to finalizing the matter in court. This included things like a presentence report, drug and alcohol rehabilitation and references. Our client completed their preparations as suggested.
Our client was convicted and sentenced to 3 years’ probation. This was a great result given the facts of the charge.
Hobart Magistrates Court
19 July 2021
Our client was charged with multiple charges including a high range drink drive and failing to stop after being involved in a crash.
Our client has an extensive traffic history including a previous high range drink drive charge in 2019.
Our client was facing actual imprisonment.
Our client was sentenced to three (3) weeks imprisonment wholly suspended for an operational period of three (3 years). Our clients licence was disqualified for three (3) years.
This was an excellent result in the circumstances.
Drive Without Due Care and Attention.
Beenleigh Magistrates Court
July 2021
Our client was charged with the offence of Drive Without Due Care and Attention under section 83(1) of the Transport Operation (Road Use Management) Act. The maximum penalty for this offence upon conviction is a penalty not exceeding 40 penalty units or to imprisonment for a term not exceeding 6 months. This matter proceeds in summary jurisdiction.
Our client had driven across a pedestrian crossing while a elderly woman was still in the middle of the crossing. During this incident our client had crossed to the other side of the road in the process of driving around the pedestrian. Our client maintained that they wished to plead guilty to the offence.
We provided our client a detailed list of preparations to complete prior to finalizing the matter in court. This included things like counselling, traffic offender courses, and references. Our client completed their preparations as suggested.
Upon sentence, the Magistrate heard submissions. After successful submissions made by Defence, our client received an appropriate fine and only 3 months licence disqualification. This was an excellent result.
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.
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