Avoid a DUI Conviction Qld | DUI Lawyers Queensland | Qld DUI Lawyers

Avoid a DUI Conviction in Qld

If you have been charged with a DUI offence in Queensland then you may be wondering how to Avoid a DUI Conviction? You may also have a lot of questions surrounding the effects of such a conviction and whether there is any possibility of avoiding a conviction?

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

Relevant Issues to Avoid a DUI Conviction in Qld

In the state of Queensland, as a general rule of thumb if an offender is found guilty or pleads guilty to a criminal offence then it is usual course that the recording of a conviction will naturally follow.
However, in certain circumstances the Court has the power to NOT record a conviction against an offender. This is of course a discretionary power of the Court.
Certainly a DUI conviction can cause a massive amount of concern and anxiety for many people and this is predominantly due to the fact that the recording of a conviction can have some significant adverse effects on a persons life. Whether it be the obligation to disclose the convictions to a work authority, registration board, immigration authorities around the world or simply just the fact that it lies there on your record, these are all relevant concerns for why it is not ideal to have a criminal coinviction recorded.
We regularly get clients who are extremely concerned about having a conviction recorded against their name and they simply want to know whether it is even possible to Avoid a DUI conviction in Qld.
The short answer is YES.

Courts discretion to Avoid a DUI Conviction

The legislation in Queensland specifically under Section 12 of the Penalties and Sentences Act 1992 QLD provides the Court with a discretion to NOT record a criminal conviction against a person upon a finding of guilt.
Basically, where a person has been charged and pleaded guilty or runs a defended hearing and is found guilty of a criminal offence which is considered a relatively low level crime such as a summary offence dealt with in the Magistrates Court in Queensland then they have a far better case to plead for a no conviction especially if it is their first offence.
To Avoid a DUI Conviction the Court will consider a whole ranges of issues including:
- the seriousness of the DUI offence
- the offenders prior record
- any extenuating circumstances that may have led to the offending
- effects that a conviction would have on the offenders employment or ability to earn an income
- any other issues whereby a conviction would cause severe hardship

In contrast if a person has been charged with a fairly serious criminal offence or they have a criminal background where they had previously been convicted of criminal offences then it certainly makes the case a lot harder to seek that a a no conviction order be made under Section 12 in Queensland.
Furthermore the Court will consider additional issues as outlined inthe legislation below.

What the Law says about how to Avoid a DUI Conviction

When it comes to the laws surrounding whether or not a conviction can and should be recorded (or NOT) then it is prudent to always look at the relevant legislation. For the purpose of these issues the relevant legislation is Section 12 of the Penalties and Sentences Act (Qld) 1992.

So let's take a look at what the legislation says under section 12 of the crime sentence and procedure act:

Penalties and Sentences Act 1992 - SECT 12
12 Court to consider whether or not to record conviction 12 Court to consider whether or not to record conviction

(1) A court may exercise a discretion to record or not record a conviction as provided by this Act.

(2) In considering whether or not to record a conviction, a court must have regard to all circumstances of the case, including—

(a) the nature of the offence; and

(b) the offender's character and age; and

(c) the impact that recording a conviction will have on the offender's—

(i) economic or social wellbeing; or

(ii) chances of finding employment.

(3) Except as otherwise expressly provided by this or another Act—

(a) a conviction without recording the conviction is taken not to be a conviction for any purpose; and

(b) the conviction must not be entered in any records except—

(i) in the records of the court before which the offender was convicted; and

(ii) in the offender's criminal history but only for the purposes of subsection (4)(b).

(3A) Despite subsection (3)(b), the conviction may be entered in a record kept by a department, a prosecuting authority or the offender's legal representative if it is necessary for the legitimate performance of the functions of the department, prosecuting authority or legal representative.

(4) A conviction without the recording of a conviction—

(a) does not stop a court from making any other order that it may make under this or another Act because of the conviction; and

(b) has the same result as if a conviction had been recorded for the purposes of—

(i) appeals against sentence; and

(ii) proceedings for variation or contravention of sentence; and

(iii) proceedings against the offender for a subsequent offence; and

(iv) subsequent proceedings against the offender for the same offence.

(5) If the offender is convicted of a subsequent offence, the court sentencing the offender may disregard a conviction that was ordered not to be recorded but which, under subsection (3)(b)(ii), is entered in the offender's criminal history.

(6) If—

(a) a court—

(i) convicts an offender of an offence; and

(ii) does not record a conviction; and

(iii) makes a probation order or community service order for the offender; and

(b) the offender is subsequently dealt with by a court for the same offence in any way in which it could deal with the offender if the offender had just been convicted by or before it of the offence;

the conviction for the offence must be recorded by the second court.

(7) Despite subsection (6), the second court is not required to record the conviction for the offence if—

(a) the offender is the subject of a community service order or probation order; and

(b) the reason the court is dealing with the offender for the same offence is because the offender has applied for a revocation of the community service order or probation order; and

(c) the offender has not breached the community service order or probation order.

FREE Call to discuss how to Avoid a DUI Conviction in Qld

Indeed you may have a lot of questions surrounding you charges and whether there is a chance that you may be able to avoid a conviction being recorded following a DUI charge. Therefore we are happy for you to contact us for a FREE telephone consult to discuss with you the best strategies and likley outcomes of your matter for when it goes to Court.

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.