The best lawyer at Southport, Gold Coast - Hunter Solicitors
Phone: 07 5532 5222
Level 1, 113 Scarborough Street,
SOUTHPORT, QLD 4215
It is an offence to drive, or occupy the seat of a motor vehicle, whilst under the influence of a drug or alcohol. Drink driving offences are considered major offences, and if convicted, a period of automatic license disqualification applies without the order of the Court. The Court has the power to reduce or extend the automatic disqualification period as it thinks fit, subject to the minimum period outlined under the legislation. Disqualification is in addition to any penalty imposed for the offence. The Court may take into account the effects of disqualification on the drink driving offender when deciding what penalty will be imposed, including a prison term. If conviction occurs, the Court may impose a penalty and disqualify the offender's license. The effect of disqualification cancels the driver's license for as long as the disqualification period applies.
Breath testing is essential to acsertain blood alcohol content, and if a breath test is refused, the driver can be arrested and required to undergo breath testing. A certificate signed by an authorised officer is normally acceptable evidence as to the amount of alcohol consumed.
Work licenses are available in certain circumstances to overcome the hardship occasioned by periods of license disqualification. The Court will only grant a work license application if it is satisfied it has received sufficient evidence under the prevailing legislation.
If you've been charged with a drink driving offence it can be very stressful, particularly if it is your first offence, so contact us for fast, helpful advice. Our aim is to take the worries away from you and achieve the best possible outcome for you in the circumstances.
Under current legislation it is an offence to import or export controlled drugs or plants, or to be in possession of illegally imported drugs or plants, or reasonably suspected of being illegally imported. In the case of importation there must be proof of intention to import, so there has to be knowledge of the drugs. Intention to import can include the awareness that what was being imported contained narcotics. Under Commonwealth Legislation penalties are severe and include life imprisonment if the quantity of drugs is considered to be of a commercial quantity. If the quantity of drugs is considered to be a marketable quantity, then twenty-five years imprisonment may be imposed; ten years imprisonment if it is found that there was no intention to sell; down to two years imprisonment if the quantity imported is found to be less than a marketable quantity.
The Commonwealth Criminal Code contains a schedule of penalties for the importation of particular drugs including amphetamines, cannabis, cannabis resin, cocaine, heroin, LSD and ecstasy. Focus is mainly on importation of quantities of illegal drugs which are considered to be trafficable, marketable or in commercial quantities.
Supplying an illegal drug includes buying an illegal drug with pooled money, and then dividing the substance. Providing illegal drugs by mail order is considered to be supplying. A penalty of twenty years imprisonment may be imposed for continuous supply.
The manufacture or production of a prohibited drug is also an offence and many cases focus on possession, as well as the supply of a prohibited substance. To establish possession the prosecution must prove that the offender has exclusive possession of the prohibited substance and has knowledge of its existence. Severe penalties may be imposed if manufacture or production of illegal drugs is established, and where it is found that a person supplies more than a large commercial quantity of prohibited drugs the penalty may range from a hefty fine of up to $515,000.00, or a prison term from twenty years to life.
Under State law very similar severe penalties also apply to offences involving drugs. For activities involving the possession, use or movement of quantities of certain drugs exceeding two grams, maximum prison terms of up to twenty-five years apply.
Speak with us if you need assistance and advice with any drug related offence.
The use of deceit or deliberate, dishonest conduct to cause someone to give over money or other benefits, best describes the practice of fraud. The person committing the offence engages in deliberate, planned, intentional and calculating conduct and may often be an employee engaging in fraud against an employer.
With the internet and prepaid mobile phones being used more and more to conduct business, instances of fraud have increased markedly.
Contact us if you are concerned that you or a family member may have fallen victim to the crime of fraud.
The use of dishonesty to obtain an allowance such as a single parent allowance if the offender lives in a defacto relationship, or an invalid pension if the offender is undertaking full-time employment, are examples of Centrelink offences which are punishable by imprisonment.
Centrelink fraud is considered to be very serious, particularly where blatant steps have been taken by the offender to obtain benefits under different names. The Department will often take steps to recover any money which was incorrectly paid out, in addition to commencing criminal proceedings.
Speak with us quickly if you need assistance or advice with this type of matter.
A Domestic Violence Order is an Order made by the Court, which offers a person protection from another against various forms of physical, or non-physical violence. A Domestic Violence Order (DVO) is not a criminal record, but it will remain registered on the police computer database indefinitely. DVO's are often taken out during the course of matrimonial or defacto proceedings and can affect those proceedings if children are involved, so it is very important that you contact us promptly if you find yourself involved in a DVO situation.
If a DVO is breached the police may arrest and charge the offender and bring him or her before the Court as soon as possible. If the breach is considered serious, then bail may not be granted. Even if the victim has contributed towards the cause of the breach of the DVO, a criminal offence is still deemed to have been committed by the offender.
Call us if you would like to defend a DVO so we can consider the merits of your defence and give you prompt, helpful service.
Although an assault often includes an act of physical violence against the victim, this is not always the case and an assault can occur without the use of direct physical force. When an assault is accompanied with the use of direct physical force with the intent to inflict malicious and grievous bodily harm, a very serious offence has occurred which is punishable by imprisonment. Of course if the possession, use, attempt to use, or threat to use a weapon is also involved, penalties are much more severe.
Sexual assault, particularly against children under the age of sixteen years, or if the victim has a serious physical or intellectual disability, is also very serious and is punishable by a lengthy prison term. Sexual intercourse with someone who does not give consent and the offender knows that consent is not given, including oral or anal sex or the insertion of objects, amounts to sexual assault.
Contact us for advice if you or someone you care about has fallen victim to an assault.
If the police reasonably suspect that you are in the possession of stolen goods, or anything else obtained unlawfully, they may stop you and search you, and seize any property found. If you are the driver or a passenger in a motor vehicle which the police have stopped, due to reasonable suspicion that the vehicle may have been used in carrying out an offence, the driver and passengers, or the owner of the vehicle, may be asked to provide details of the driver and passengers who were in the vehicle at the time.
When investigating a criminal offence police may go looking for suspects and sometimes if a suspect is unaware of the right to stay silent and consult a lawyer before answering questions, information and even some form of admission may be unintentionally given by the suspect, leading to an arrest.
If you find yourself apprehended or arrested by police, it is best to advise them that you are not prepared to make a statement before you consult with us as your lawyers. There is no general power allowing police to arrest a suspect for questioning, or allow them to force you to participate in an identification parade.
If arrested -
The best approach you can take is to contact us before you make a statement to police.