How to Beat a DUI Charge in Qld?

If you want to know more about "How to beat a DUI charge in Qld" then in this article we take a look at the different legal defences available at law.

It must be noted that defending a drink driving offence can prove to be quite a difficult process most of the time BUT certainly not an impossibility, so it is definitely worth becoming aware of the available legal defences.

If you have further questions about these issues surrounding a DUI conviction then please FREE telephone consult us to discuss - 1300 941 900.

Drink Driving Defences QLD

In Queensland drink driving is considered a strict liability offence whereby the onus of proof is placed upon the defendant to prove that they are not guilty of the elements of drink driving. This can often be a difficult thing to prove when the Police are abale to present scientific evidence showing that you were in charge of a vehicle whilst having a positive blood alcohol concentration reading which is over the legal limit.

In saying this there are still a number of Drink Driving Defences Qld available which are worth exploring and potentially using if they fit your particular set of circumstances. We have listed the various Drink Driving Defences Qld below.

Conclusiveness of Breath Analysis Certificates

The conclusiveness of a certificate stating the result of an analysis might be negated by evidence that the breathalyser was defective or not effectively run (s 80(15H) TORUM Act). Likewise, the conclusiveness of certificates of saliva or blood analysis may be negated by proof that the laboratory test did not offer a correct result (s 80(16G) TORUM Act). In the case of a certificate stating that a person cannot supply a specimen of breath or blood, the certificate can be disproved by any means (ss 80(15B), 80(15F), 80(16E) TORUM Act).

Defective Breathalyzer Equipment

In determining how to beat a DUI charge in Qld, a person may plan to fight a charge on the basis that a breathalyzer was defective or not appropriately operated, or a saliva or blood test result was incorrect, written notice needs to be provided to the charging officer not less than 2 Week before the court hearing. To be successful with this Drink Driving Defence Qld it would need to be proven that the Police equipment or procedure was not used in accordance with relevant Queensland policing rules.

Unlawful Police Procedure & Operation

In accordance with the Courts, if a roadside breath or saliva test has actually been unlawfully administered, the result of this breath, saliva or blood analysis might still be utilized as evidence. However, a court does have discretion to reject such evidence since it was unlawfully acquired (Bunning v Cross (1978) 141 CLR 54). So this legal case proved very important in considering how to beat a DUI charge in Qld since certain police procedures must be adhered to.

3 Hour Rule

In some cases, an individual is not stopped by police while driving and, on returning home, consumes alcohol or drugs. Later, if a Police officer shows up and makes a presumption on reasonable grounds that the individual was the driver, they might ask them to take a breath or saliva test. If this is positive, the person might be taken to a police station for a breath, saliva or blood analysis test. The blood alcohol or drug concentration recorded will clearly not be the same as it would have been at the time of the alleged driving.

Despite this, under ss 80(15G) and 80(16FA) of the TORUM Act, the reading or result acquired at the later time is conclusive evidence of the existence of a relevant drug or the blood alcohol concentration of the individual (from the time of the driving to the time of analysis) if the sample was taken not more than 3 hours after the event of driving.

Criminal & DUI Defences QLD

With the exception of the defence of mistake of fact (s 24 Criminal Code Act 1899 (Qld) (Criminal Code)), the following criminal defences stated in the Criminal Code 1899 still apply and they include:

1. section 23 for accident;
2. section 25 for extraordinary emergency;
3. section 27 for insanity;
4. section 28 for involuntary intoxication; and
5. section 31 for compulsion.
These abovementioned criminal defences may be applied in usually the most rare of circumstances to drink or drug driving offences (s 79( 12) TORUM Act).

FREE Call to discuss how to beat a DUI charge in Qld

Indeed you may have a lot of questions surrounding you charges and whether there is any plausible legal defences available to you in challenging a DUI charge in Qld. Therefore we are happy for you to contact us for a FREE telephone consult to discuss with you How to beat a DUI charge in Qld and the issues that apply legally.

We can also explain how we can best represent you in order to get the best possible outcome for your matter.

Please call our Qld DUI Lawyers on 1300 941 900.

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Qld DUI Lawyers
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Meet our Qld DUI Lawyers

Joshua Boorman is the principal lawyer at Boorman Lawyers, he was admitted to the Supreme Court of Queensland in 2008 where he has continued to work in the area of Traffic Law in Queensland and New South Wales ever since admission.

Over the years Joshua has worked for some well known law firms in Queensland and New South Wales before starting Boorman Lawyers in 2016. Throughout his career, Joshua has appeared in all of the major legal jurisdictions. Joshua would regularly appear on his own in the Local/Magistrates, District and Supreme Court and has on many occasions instructed Junior and Senior Counsel in the Court of Appeal. He has even been involved in instructing Counsel at the High Court which is a jurisdiction that most lawyers rarely get to appear in.

Joshua is an experienced, hard working and honest professional who constantly obtains the best results for his clients. Please feel free to contact Joshua today to discuss your matter with him - 1300 941 900 or jboorman@boormanlawyers.com.au

Our Approach

We are a results focussed firm that is interested in seeking the best possible outcome for our clients DUI and traffic law cases in Queensland.

It is our belief that a combination of our experience in appearing in over 1,000 DUI cases puts us in the best position to be able to deal with any DUI cases that comes our way. We also pride ourselves on being extremley knowledgable in the area of Traffic Law in Queensland.

Having this knowledge and experience doesn't mean anything unless we are able to work hard to prepare a quality legal case to present to the Court on your behalf. Our philosophy is to work hard and prepare well for our clients. This allows us to put our clients best foot forward in achieving the best outcome possible.

To find out more about the situation you may find yourself in then feel free in contacting us today to discuss your matter, alternatively you may wish to read up on some of the most common and important issues surrounding drink and drug driving in Queensland which you should be aware of if you have been charged with a DUI or serious traffic offence in Queensland.

DUI ISSUES

Drink Driving Offences/Penalties

There are a range of different drink driving categories that exist in Qld.

Drug Driving Offences/Penalties

Drug driving offences have become prevalent in recent times & attract serious penalties.

Court Process

What you need to know about going to Court and dealing with a DUI charge in Queensland.

DUI Work Licences

Depending on your situation you may be eligible to apply for a work licence.

Special Hardship Order Licence

A SHO is a work licence that may apply to high range speeders or other licence suspensions.

Courts We Attend

We are capable of attending any Courthouse in the state of Queensland.

Qld Traffic Law Topics

Our lawyers are experienced in all areas of Queensland traffic law. See some of the more common topics and offences below that we can assist you with.

Avoid A Conviction

Here we look at how you can seek to avoid a conviction being recorded

Alcohol Interlock Laws in Qld

New tougher Interlock Laws have been instroduced into Queensland

Immediate Police Suspension

Appeal the Immediate Police Suspension to get back on the road straight after a DUI charge

Disqualified Driving

Tough mandatory penalties apply to offences of disqualified driving in Queensland

Unlicensed Driving

Different kinds of suspended or unlicenced driving offences exist with varying penalties

Beat a DUI Offence

There are a limited number of specific defences that may be available to you at law in Qld

Legal Costs

We always try to present our clients with competitive fixed fee legal costs

Traffic Offenders Program

A Traffic Offenders Program can help you learn about driver safety & help reduce your penalties

Other Traffic Law Offences

There are many different types of traffic law offences we deal with

Why Choose Us?

What makes us stand out from the rest of the lawyers you may be considering

Court Process

Every case is different however many rae similar & go through a similar court process

FAQs

Read through some of our most frequently asked questions that we get

Testimonials

Our Qld DUI Lawyers have a proud track record of achieving exceptional Court outcomes for our clients DUI and Traffic Law cases.

SEE MORE ONLINE REVIEWS

Contact Us For A FREE Case Consult

We are happy for you to contact us FREE of charge to have a brief chat about the situation you may be in. That way we can provide you with some information and discuss with you some of the likely penalties. We can also talk with you about how we can best represent you in your Court case.