Mephedrone is sold over the counter in the United Kingdom and is used as a plant fertilizer. Recently people in Australia have been charged with its importation. The drug itself does not feature in the criminal law however the Australian Federal Police consider it to be illegal and it may prove to be a derivative of another illegal drug. It will no doubt be only a matter of time before Parliament legislates to specifically make Mephedrone illegal.

Clem 7 Tunnel from Woolloongabba to Bowen Hills is due to open in early March 2010. We understand that a speed camera will be fixed in the tunnel. Two new speed cameras will also be located on the Pacific Motorway at Loganholme and also on the Gateway Arterial Road at Nudgee. If you are caught speeding and you are on a good behavior licence you may be entitled to a special hardship order enabling you to drive for work.

Our client was a delivery van driver and his licence was disqualified for 12 months after he tried to avoid a random breath test on New Years Eve. He drove away against the flow of traffic and was pursued by police. Fortunately no damage was caused. An Appeal in the District Court was successful and the disqualification period was reduced to 6 months. This will enable our client to resume work 6 months earlier than he had otherwise anticipated.

Welcome to the first Howden Saggers Lawyers blog of 2010. This year we will keep you updated about what is happening in the firm and discuss topics of interest in Criminal Law in Queensland.  

Over the Christmas break, we had a number of enquiries about applying for a work licence.  

Top 3 Work Licence Tips 

1.      You cannot apply for a work licence if you are subject to Court imposed disqualification in Queensland or another State.

2.      You cannot apply for a work licence if your reading is 0.15 or more.

3.      You cannot apply for a work licence if your licence has been disqualified or suspended in certain circumstances during the previous 5 years.  

Please feel free to contact Peter Saggers of Howden Saggers Lawyers for any questions concerning applications for work licenses or Special Hardship Orders.

Restricted work licenses for drink drivers are to be reviewed following concerns that the licenses have become to easy to obtain. The law governing the issue of a restricted licence provides strict guidelines as to who would be entitled to receive a licence. An applicant must satisfy the Court that he is a fit and proper person and that a refusal would cause extreme hardship by causing him to lose his job. There are many other restrictions, for example, if a person has lost their licence in the last 5 years, they are unable to apply. In addition, if the drink driving offence was committed whilst the applicant was driving for a purpose connected to their employment, they are unable to apply for a restricted licence. An experienced solicitor is vital to prepare the documentation for presentation in Court. Our experience is that only those people who fall within the strict guidelines are achieving licenses to drive solely for the purposes of their employment.

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Peter Saggers appeared for our client who was charged with supplying ecstasy, possessing a small quantity of a body building drug and failing to dispose of a syringe. Because ecstasy is a Schedule 1 drug, that charge had to proceed to the Brisbane Supreme Court. After negotiations about the lack of evidence the prosecutor discontinued the supply charge. This allowed the two other offences to be dealt with in the Magistrate Court. . Our client was placed on a Good Behaviour Bond with drug diversion.  A conviction was not recorded. If the submission had not been successful, the case would have been dealt with in the Supreme Court with a far more serious outcome.

If you hold a foreign driver’s licence, you are authorized to drive in Queensland. However, that authority may be withdrawn if you have a residence visa and have been a resident in Australia for at least three months. If you have an interstate driver’s licence, the authority to drive on that licence will be withdrawn after you have been living in Queensland for three months. Recently, a client of Mark Howden’s was charged with unlicensed driving. However she was able to prove that she was on a working holiday visa, and that she had a UK driver’s licence. The police agreed to withdraw the charge.

Kevin Cartledge and Sunny Munasinghe are available to take your enquiries between the hours of 8.30am and 5.00pm, Monday to Friday. Should you require urgent legal help please call 1800 CRIME1

Mark Howden acted for an 18 year old man who was involved in a jealous dispute in a Brisbane Hotel. He had never been in trouble and during the course of the dispute he head butted the other person, who required surgery to his nose. Our client then left the Hotel and ran across the roofs of three cars causing significant damage.  

In recent times, the Courts have come down harshly on violence of this type. After careful preparation, our client was able to provide to the Court some character references showing his otherwise excellent character and good work record. A conviction was not recorded and he was ordered to perform Community Service. He also agreed to pay compensation to the person he injured and the damage bill for the cars.

Howden Saggers Lawyers has recently purchased a busy Criminal Practice formally known as Inala Lawyers.  

The practice is situated in the Civic Centre at Inala. For further enquiries, please contact Kevin Cartledge or Peta Kerle on (07) 3714 9044.