If you or someone you know is facing charges or involved in a criminal investigation, Relate Legal can provide much-needed support and guidance through this difficult process. We believe in the right to a fair hearing for those involved in the criminal justice system.
Traffic Offences in Queensland
Some traffic and driving offences are serious criminal offences that carry severe penalties, particularly dangerous driving and driving under the influence of drugs or alcohol. In such cases, you can expect a conviction to appear on your criminal record, and you may face large fines, loss of licence and/or a period of imprisonment. For the best representation possible in addressing such charges, we recommend seeking urgent legal advice from an experienced criminal law practitioner.
Licence Suspension and Special Hardship Orders
Queensland’s demerit point system reflects a driver’s traffic history. Severe breaches of traffic law can lead to immediate licence suspension. However, for less serious offences, drivers can retain their licence as long as they do not exceed the maximum demerit points allowed for their licence category.
If the maximum is exceeded, the Department of Transport and Main Roads typically offers a choice between a suspension for a few months or a one-year ‘good behaviour’ licence. Under a good behaviour licence, accumulating further demerits can result in a licence suspension exceeding the original term.
In some cases, individuals may be eligible to apply for a special hardship order if they lose their licence. This order allows the retention of driving privileges for limited, essential purposes, such as employment. We recommend seeking legal advice to explore this option.
Domestic Violence Orders (DVOs)
In Queensland, a Domestic Violence Order (DVO) is a civil court order designed to prevent threats or acts of domestic violence. It is an official document outlining rules of behaviour for the respondent, such as restricting contact with the victim and their residence.
As a civil matter, a DVO does not require proof ‘beyond a reasonable doubt’ of threats or acts of domestic violence, enabling those at risk to have a DVO issued with limited evidence.
To safeguard against unfair treatment of respondents, a DVO does not create a criminal record. However, a breach of a DVO transforms the matter into a criminal offence, as it signifies disobedience of a court order. This can result in the respondent’s arrest and the creation of a criminal record, potentially incurring further penalties such as fines or imprisonment.
Criminal Law and Bail
The Queensland criminal justice system incorporates protections for defendants to ensure fairness, notably the presumption of innocence. Those accused of a crime are presumed innocent, placing the burden on the prosecution to prove every element of the crime beyond a reasonable doubt.
The bail system can allow an accused person to remain in the community before their trial. It is essentially a promise to appear in Court on a scheduled date. Often a ‘surety’ – money held by the Court is required to secure the promise that is the accused will appear. If the accused fails to appear the surety is forfeited.
If you need legal help, call Relate Legal on 07 5211 4040 or email [email protected].
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