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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.
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.
If you’ve been arrested by the police, there are certain rights that are applicable to you including:
If you are arrested, don’t obstruct the police or resist arrest otherwise you will have more charges against you.
Your best course of action is to call a criminal lawyer for legal advice or representation. You can call Brooke Winter Solicitors anytime on 1300 066 669.
A character reference is a document that is tended to the court that supports that you are of good character and that the offence you have committed is not of normal character for you.
In a good character reference, you should include any volunteer work, any community work you’ve done and your current employment.
Anyone can write a character reference but we recommend that it is a close friend who has known you for a number of years, a family member and your employer.
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