Traffic Offences

For strict liability crimes, prosecutors don’t need to prove fault such as intention, recklessness, or negligence. They only need to establish that a crime was committed.  Most traffic offences fall under strict liability as you’re charged for committing the offence even if you didn’t intend to. Other examples include police evasion and drug possession.   There are a range of rules in place to make sure that strict liability is used fairly. This includes only imposing it after carefully considering other options and where it has public support and acceptance. This prevents strict liability from being used where cases may be complex or where the penalty includes imprisonment.  Examples of strict liability offences Strict liability crimes in Australia can include areas such as corporate regulation, environmental protection, work health and safety laws, customs and border protection, national security, and copyright.   Some common examples include:  Strict liability and traffic offences It’s widely understood that if you commit a traffic offence, you’re charged without the requirement to prove fault. It’s up to you or your lawyer to build a defence to prove innocence or reduce the severity of the punishment. Examples of strict liability offences in traffic include speeding, using your mobile phone illegally while driving, or driving under the influence.   Strict liability and corporate law  In corporate law, strict liability often comes into play for regulatory offences. Common examples include breaching corporate governance, such as audit compliance, and failure to provide accurate information to the general public or the regulator. If it can be proved that the offence was due to reasonable mistake of fact, the corporation or individual may avoid liability.   Strict liability and drug possession (even when it’s not yours)  Being in possession of drugs is different to ownership. You can be in possession of drugs even if you didn’t buy it or haven’t used it. For example, if you live in a share house and the police find drugs that belong to someone else, you can still be charged with possession. This is an example of strict liability where you need to prove you weren’t aware the drugs were in the house.   Strict liability and police evasion  In Queensland, police can stop drivers for questioning, a breath or swab test, or vehicle search in certain circumstances (Police Powers and Responsibilities Act 2000). If a police officer directs you to stop your vehicle and you fail to do so as soon as reasonable or practical, you can be charged with evasion. Punishment for this offence can include fines or even imprisonment.  What defence is there for a strict liability crime?  Depending on the type of strict liability, the accused may be able to prove the crime was the result of an honest mistake (“honest and reasonable mistake of fact”). This type of defence requires a strong case and evidence that shows you are not guilty because you were either misled or genuinely believed certain facts relating to the situation were true. It’s important to note that pleading ignorance to laws is not a valid defence.   Other common defences for police evasion include unclear police direction, or that you stopped as soon as you deemed possible. Police evasion is a serious offence in Queensland, therefore building a defence should be done by a legal professional.   If you are facing a strict liability offence and need further information or advice, get in touch. Our lawyers are experienced in traffic offences, commercial litigation, and criminal law such as drug offences.  

If you’re charged with a traffic or criminal offence, you may have a mention date in the Magistrates Court. So, what is a mention in court? To put it simply, it’s a brief court appearance between you, or your lawyer, and the prosecutor. The purpose is to advise the court what is happening with the proceedings of your case. Since there might be negotiations, requests for disclosure of evidence, or your matter is required to proceed to a high court, you could have multiple mentions during your case.   The types of offences that have a mention in court in Queensland are numerous. For serious offences, defendants are tried by a Judge and Jury instead of a Magistrate. All offences start in the Magistrates Court, then could proceed to either the District Court or Supreme Court depending upon the seriousness of the charge.  Do I need to attend my court mention?   You may have received your court mention as a Notice to Appear (NTA) or complaint and summons. This will outline the charge against you and the time and date you must appear in court.  You must not miss a mention in court, however, if you’re legally represented your lawyer will appear on your behalf. In circumstances where you are required to attend, your lawyer will let you know. Your first court mention can significantly affect your case outcome so it’s important to get legal advice as soon as you have been charged with an offence.  What happens at a court mention?  When you attend a court mention, there will be other cases happening on the same date. Your mention is a short appearance at the beginning of your case which may or may not be resolved on the day. When the Magistrate enters the room, you will be asked to stand until after they take their seat. Each case will then go through the following steps.  As other cases will be heard on the same date, it’s hard to predict how long it will take. If you’re attending a court mention with your lawyer, always arrive early and allocate the whole day.   What happens after a mention in court? What happens after a mention in court depends on your plea. If you plead guilty, the Magistrate will decide your penalty based on factors such as age, employment, criminal or traffic history, remorse and prospects of rehabilitation. If you plead not guilty you will receive a summary hearing date which may include more mentions prior in preparation. For more time to consider your plea, you can ask for an adjournment which moves your court date.   If you’re charged with an offence and given a court mention date, seek legal advice for a fair outcome. Our lawyers are experienced in a range of matters and are here to help you navigate the process. Get in touch for a free confidential discussion about your case.   

What would you do if the police requested to search your vehicle? Depending on the circumstances, they generally don’t have authority to do this without a warrant or reasonable grounds. So, when can an officer search your car without a warrant? In this article we’ll cover a few scenarios as well as what to do if an officer asks to search your car without one.  What is a search warrant?  Police usually don’t have the power to search private premises, so they will get a warrant to do so. This is a legal document that gives police permission to search a person, car, or private dwelling. A warrant is generally issued by a court; however, Justices of the Peace may also have the power to issue a search warrant. This could happen in a situation where the court is not open and the police need to complete an urgent search.  When can police search my car without a warrant? In Queensland, if police don’t have a warrant and the driver/owner doesn’t give permission, they can only perform a search if they have reasonable suspicion of illegal activity. For example, if they suspect your car contains weapons, stolen property, illegal drugs, evidence of a serious offence, protected species, or graffiti instruments. The police can also search a car if they reasonably suspect someone in it is part of a criminal organisation or the vehicle is being used illegally (e.g. it is stolen).  You have a right to not give consent if the police don’t have a warrant, however you cannot physically obstruct them. In the event where a warrant is not provided, state clearly that you do not give permission. If there are any witnesses present that hear you state this, write down their information in case you need it for court proceedings further down the track.  If the police conduct a search without a warrant and do not have the legal right to do so (and if you did not consent to the search), the court may dismiss any evidence uncovered during this search. In situations like this, it’s important to get legal advice so that you know your rights and get a fair result.  Even if an officer has a warrant, you still have the right to be treated fairly. During a search, police are obligated to cause minimal embarrassment, conduct more thorough searches of your person away from the public, and have an officer of the same sex conduct the search. If you feel you have been treated poorly or unfairly, seek advice from a trusted lawyer.  Can police take my property during a search? There are a range of reasons police may take your property during a search. For example, if you have illegal drugs, stolen property, unlicensed weapons, or something else that is illegal or could be evidence of an offence. They will seize these items as evidence while they investigate a case or charge someone with an offence. You will get a receipt from the police detailing the property they have taken. Provided the confiscated property is not illegal and it isn’t being used as evidence, after 30 days you can write to the police commissioner requesting your property is returned to you.  When can you refuse entry? It is important to never obstruct police as you may commit an offence. Instead, if the police don’t have a legal right to search your car or home, you can say no. You should state clearly and as calmly as possible that you do not give permission for them to search your property. This can be used as evidence later if the police are recording your interaction.  Can the police go through my phone or computer? If police have a warrant issued by a Magistrate or Judge, then it is a requirement to provide your pin to allow access. By refusing to give access to your phone or computer in this scenario, you may commit an offence.   However, in some situations you may request to speak to your lawyer first. For example, if you have been communicating with your lawyer on these devices, this information may be considered legally privileged. Or if they don’t have a warrant, you can refuse to provide your pin.   What do I do if I think the search was completed unlawfully?  Unless you work in law enforcement, it can be challenging to figure out if a search was completed in line with the appropriate processes. Your lawyer can look at searches without a warrant to see if this was done lawfully. Proving this can have a major impact on the outcome of court proceedings if you are being charged with an offence.   We’ve worked with a range of clients in different situations to identify whether an unlawful search should be addressed in police prosecutions or determined by a Magistrate or Judge. This can become a key piece of evidence in the case we build on your behalf.  If your car or property has been searched by police and you are being charged with something, speak to a lawyer as soon as possible. Getting advice early and making sure all appropriate procedures have been followed is critical for achieving the best outcome for your case. Contact our team for a free consultation where we will talk through your options and the best path forward. 

In Queensland, police can charge you without arresting you first. Depending on which state you are being charged in, you may receive a Notice to Appear (or a complaint and summons). However, only charges that you are found guilty of will be included in a criminal record and in some cases the magistrate may not record the conviction.  What is a Notice to Appear (NTA)? An NTA is an alternative to the police arresting you. It will outline what the police have charged you with and the court date you will need to attend. You must comply with the NTA, or you risk a warrant being issued for your arrest and further charges.  You may also receive a Notice to Provide Identifying Particulars which means you have to go to the police station within the time outlined to provide your fingerprints and photograph. This is to confirm your identity in relation to the criminal offence you are being charged with. It is also important that you comply with this notice, or you can face a fine and further charges being laid against you.  If you receive an NTA and/or an identifying particulars notice, you should seek legal advice straight away. The police must follow specific procedures, and understanding your rights is crucial to a fair outcome.  What is a complaint and summons? A complaint and summons may be issued for minor offences or in a range of other situations such as fraud or tax offences. A complaint and summons is usually served in person to the accused, or to their lawyer if they already have one. This will outline what the charge is along with the court attendance date.  What should I do if I receive an NTA? When the police give you an NTA, seek legal advice immediately to make sure you follow the right steps to get a fair outcome. If you’re feeling unsure, it’s helpful to note that lawyers may provide a free initial consultation to talk through your situation and offer information about next steps. This is simply a discussion to understand your case, make sure you know your individual rights, and give you a clear picture of what the best steps are and what to expect in court. Get in touch with our team if you’d like a confidential and free consultation.  It can help to write down everything you remember or know about the alleged offence you are being charged with. This may give you more clarity on the series of events and recount it to your lawyer. However, if you’re struggling to piece it together, an experienced lawyer will ask all the right questions to draw out the crucial information about your charge and support you through the process.  To make sure you’re properly informed, you will be given a copy of your Court Brief (QP9) document on the first mention of your charges at Court, or you can also request a copy of your QP9 from the police. This document will have the summary of your offence. Your legal representative will obtain a copy of this on your behalf, or you can contact your local Police Prosecution Office.  Can I talk to the police about the charge? Your initial reaction may be to contact the police to talk through the charge. We generally advise against discussing your charge with the police after receiving an NTA unless you have legal representation. As you’re being charged with a criminal offence, anything you say to the police after receiving the notice can be used as evidence. While unlikely, if the police do ask you to come in for questioning after they have personally given you an NTA, you don’t need to comply as you have a right to remain silent until you have legal representation.  If you need further information or advice relating to a charge that has been made against you, get in touch with our team of experienced lawyers. 

A DUI (Driving Under the Influence) is when you are caught driving while impaired by alcohol or drugs. Police may conduct a blood alcohol content (BAC) test in a range of situations, including random breath testing (RBT), after a crash, or if they suspect you may be under the influence. Generally, if you’re asked by a police officer to provide a breath or blood sample for alcohol or drug testing you must comply. This may include driving a car or other motor vehicle, boat or watercraft while under the influence of alcohol or drugs.  If you are caught driving under the influence, you will need to go to court where a magistrate will decide how long your licence is disqualified for and if you will receive a fine or be sentenced to time in jail. Your penalty will depend on the concentration of drugs or alcohol in your system and your history (particularly if you have previously committed a DUI offence). In this article we’ll cover what to do if you are caught with alcohol or drugs in your system.  What should I do if I was caught driving under the influence?  It’s important that you are cooperative with the authorities and try to remain as calm as possible. You have the option of representing yourself in court or hiring a lawyer. As a DUI charge can lead to serious consequences, we’d recommend speaking to a lawyer as soon as possible to assess your case.   If you have been charged, speak to a lawyer as you may be eligible or a special hardship order or restricted work licence (commonly known as a ‘work’ licence). A lawyer will protect your rights and guide you through the process to get the best possible outcome.  How much alcohol is over the limit? Learner, Provisional and Probationary licence holders You are not permitted to have any alcohol before driving if you have a Learner, Provisional or Probationary licence. You must have a blood/breath alcohol concentration of 0.0. Blood or breath alcohol concentration is measured by the amount (in grams) of alcohol per 100 millilitres of blood. It’s important to note that your BAC hasn’t reached it’s peak when you stop drinking—it will continue to rise for 30 to 60 minutes.  Other drivers that must have a zero BAC include:  Open licence holders As an open licence holder, you must have a BAC below 0.05. It’s important to note that this includes anyone who is supervising learner drivers. While there are ways to estimate how many standard drinks are under the limit, there are various factors that can influence your BAC. So if you’re unsure, always be safe and don’t drive.  Is Under the Influence of Liquor (UIL) the same as a DUI? You may have heard the term DUI as it is often used colloquially, but UIL is also used interchangeably. “Under the influence of liquor” is a legal term that refers to driving, or attempting to drive, while being over the blood alcohol concentration limit.  Can I drive while using medical cannabis?  If you drive after using certain medications, you may be under the influence without realising. Whether it’s medical cannabis or another medication, you should ask your doctor or check the instructions to confirm whether you can legally or safely drive. For medical cannabis, you will also need to get a letter from your doctor to show that it was prescribed to you for medical purposes.  Can I still be over the limit the morning after drinking?  The amount of time is what breaks down alcohol, so you may still be over the limit when you wake up the next morning. Water and food won’t reduce the amount of alcohol or drugs in your system, you will need to wait until it has had time to break down and leave your system.  What factors influence your BAC? There are a range of factors that may influence your BAC, even if you think you haven’t had that much to drink. The concentration of alcohol can vary significantly, even between types of beers for example. The speed you drink, your body weight, and medications you’re taking.  What happens if I’m caught driving under the influence? If you are tested and caught drink or drug driving, you’ll need to attend court. Depending on the severity of the offence, you may lose your licence, pay a fine, or go to jail in serious cases. Your licence will be immediately suspended if you are 0.15% or over or if you are under in the influence of a drug, until your matter has been dealt with in court. A lawyer can determine if you are able to apply for this disqualification to be lifted before your sentence, which is possible in some circumstances.  Those who have been previously convicted of a drink or drug driving offence in the past 5 years may have their licence suspended indefinitely, be fined, or serve a term in prison.  If you were caught driving under the influence of drugs or alcohol, it can be an incredibly stressful time. Our lawyers are here to help guide you through the process to limit the impact on your life and get the best outcome for you. Get in touch to talk through your situation.