Drug Driving Lawyers Queensland

Drug Driving Lawyers Queensland

Brisbane, Toowoomba, Gold Coast, Queensland

Have you recently been charged with a drug driving offence?



It is often mandatory for the Court to disqualify your driver licence. The period of disqualification differs depending on a number of factors

Don’t go it alone – call us. Our experienced traffic offence lawyers know the relevant law. We also know the most important information to put before the Court that will give you the best chance of securing a shorter disqualification period and obtaining a restricted licence, special hardship (work) licence as a result of your drug driving charge. Our law firm is able to assist you for a fixed fee price in simple matters.

We can assist you

There are two offences which you can be charged with if you test positive for illicit drugs, whilst driving a vehicle. The first, is the offence of driving whilst under the influence. This effectively means that you are driving or in charge of a motor vehicle, whilst you are under the influence of illegal drugs. This is the more serious offence you can be charged with and can carry heavier penalties.


The second offence you can be charged with is driving whilst relevant drug is present in your system. This means that the illegal drug is in your system but is not at such a level that it has impacted or influenced your driving. This is the less serious offence of the two, but we still recommend that you obtain legal advice if you are charged.

It is important to note that illicit drugs can stay in your system for extended periods of time. The amount of time depends on the type of drugs that you may have consumed.


There are serious consequences for these two offences, particularly if this is your second or more offence in a five year periods. A sentence imposed could be possible fines, or in serious cases actual imprisonment. Your penalty depends on a number of possible matters. Relevant factors which influence which penalty you receive includes: the level of drugs in your system, whether you were under the influence to such an extent that it measurably affected your ability to drive a vehicle, whether you are a repeat offender, the nature of the traffic offence generally, your traffic history generally and your personal circumstances.


In some circumstances, your licence may be immediately disqualified from the time that you are charged. In others, your licence may only be disqualified when you are sentenced after pleading guilty before a Magistrate in Court. Book an appointment with us and we can talk you through the different situations.

Options

We are able to assist you with a plea of guilty in the Magistrates Court as we assist clients across South East Queensland and the broader Queensland community.


Alternatively, we can assist you to fight this matter by entering a plea of not guilty and electing for a trial. This involves the Police being required to prove all of the elements of the charges beyond a reasonable doubt. If they are unsuccessful, you are found not guilty.


Part of the process includes negotiating with Police Prosecutions on your behalf. This is to see if we can achieve a resolution of your matter by consent and without the need to proceed to a full trial.


If you plead guilty, you may qualify for a restricted driver’s licence, special hardship drivers licence (aka work) if you fit these criteria:

  1. You must hold a current Queensland open driver’s licence;
  2. Your licence has not been suspended, cancelled or disqualified in the last five years;
  3. You must not have been convicted of dangerous driving, drink driving, drug driving or similar offence in the last 5 years;
  4. You must be charged with driving while a relevant drug was present in your system but not to such an extent that you are charged with the more serious charge of driving while under the influence of a drug;
  5. Not have been driving on a licence which required your blood alcohol level to be zero;
  6. Not have been driving for work or any activity directly connected with your work or on a work licence already at the time of your charge.

Our Traffic Law Team 

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Frequently Asked Questions

Can I sleep in the back of the car instead of driving home?

Even if you are asleep in the back seat of your car or ute tray, it is an offence to be in charge of a motor vehicle over the limit, even if the keys aren’t in the ignition or close by.


I have been charged by the Police what happens next?

The Police will decide whether they will issue with a Notice to Appear, release you on bail from the Watch House or hold you pending a decision by a Magistrate. A Notice to Appear is a notice to come to Court on a specified date. Bail is a promise to the Court to comply with any conditions and on that basis you are released from custody. This can be issued by the Watch House Sergeant or otherwise by making an Application before the Court. If you are not given either a Notice to Appear or Watch House Bail, then you will be held in custody pending the Court being able to hear your matter (usually that day, or the next).


Can I drive with drugs in my system on private property?

No, there is no requirement in the relevant legislation that the driving takes place on a road. Additionally, there is a specific section that allows testing to take place on private property.


What do I do if I am in the watch house?

We recommend that you immediately make arrangements to speak with a criminal lawyer. If you are in a watch house, you can ask the Sergeant of the watch house to allow you to make a call to a lawyer, of your choice. Alternatively, you can ask to call a friend or a family member who can advise them where you are and ask them to call a solicitor for you. 


Is it an offence if you refuse to take a swab test?

The police can charge you for refusing to take a test and then you are deemed to have been guilty of an under the influence drug driving charge which means that you must lose your licence for at least 6 months and you are not eligible to apply for a work licence.


What is Bail?

Bail is where you are released into the community on certain conditions pending the resolution of any traffic offence you have been charged with. When you are on bail, you make a signed promise to the Court to comply with the conditions imposed.


Bail can be issued by the Watch house Sergeant, known as 'Watch house bail'. 


Alternatively, you can appear before the Court to make a bail application before a Magistrate in all instances, unless you are charged with Murder. The Magistrate may deny bail applications for a any number of reasons and Order that you spend time in custody while you are waiting for the natter to be finalised. 


If you are refused bail in the Magistrates Court you can apply for bail in the Supreme Court. 


What is a QP9?

QP9 stands for Queensland Police Form 9. This is a form that the police fill in when they charge you and it details the exact charge, and an outline of the facts against you. 


This document is usually picked up at the first mention of your matter before the Court, although you or your traffic lawyer can request a copy from the Police Prosecution department before hand.


Why do I need a traffic lawyer?

A traffic lawyer is a lawyer who works for a law firm to assist clients. 


A traffic lawyer is able to ensure that your rights are protected and that you understand the process, and consequences of the available options to you. This includes an explanation of the rights available to you such as the right to silence and ensuring that charges are proven beyond a reasonable doubt.


Good traffic will explain what the offence is that you are charged with and what needs to be proven for that offence. 


A good traffic lawyer can explain to you the prospects of your case, the options available and provide legal advice as to the recommended course moving forward. 


It is the role of a traffic lawyer to represent and advocate for you in Court. This means that they will speak on your behalf to the Court. 


What questions from Police do I have to answer?

You are required to tell the Police your full name, date of birth, address and produce your licence. We recommend that you don’t answer any other questions. Police usually have digital recorders in their pockets and body worn cameras and any admissions or other things that you say or do may be used against you in relation any charge.


What happens if I test positive for drugs at a roadside testing facility (RBT)?

When you are tested for drugs at a RBT, this is done by the Police conducting a saliva sample test. The Police will transport you to the Police Station to conduct a blood test. This is the result that is used in any Court proceedings.

Costs

Always upfront and clear about your legal costs

Fixed fee costs available

We don’t charge for administrative outlays such as the cost of photocopying, scanning documents, dialling a phone call, printing etc.

$1,650 - simple plea of guilty by solicitor in Brisbane Magistrates Court or Toowoomba Magistrates Court or Southport Magistrates Court

$3,300 - $4,400 -  restricted or special hardship work licence application (depending on Court location)


Payment plans available

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