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 However, that authority may be withdrawn if you have a residence visa and have been a resident in Australia for at least three months. If you have an interstate driver’s licence, the authority to drive on that licence will be withdrawn after you have been living in Queensland for three months.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.

Conviction Obstacle Overcome – RVM December 2008 

‘M’ was a non Australian citizen with professional qualifications from Europe who was establishing a unique school in

Brisbane in partnership with an international benevolent organization. A drink driving conviction would have prevented him from travelling overseas to some countries for his work and also had to be disclosed to his professional body in his home country upon his return to his career at home.  

Conviction Obstacle Overcome – RVH February 2009 

‘H’ was pleased not to expose himself to a possible conviction (recorded or unrecorded) for an offence under the Liquor Act (QLD) after an alternative resolution found following negotiations with police prosecutions.  

Conviction Obstacle Overcome – RVA March 2009 

‘M’ was a young tertiary student and the recording of a conviction may have created obstacles for his entry to his chosen profession and prevented him from exploiting his double degree major in a foreign language that created opportunities for employment.  

Charity Funds Stolen From School Collection – 27 February 2009 

Our client was employed at a primary school. She stole some money from a collection for a charity. Following negotiations with the police prosecutors, our client, who had repaid all the money, pleaded guilty and was placed on a good behaviour bond. Significantly, a conviction was not recorded.

People caught driving whilst illicit drugs are in their system, can be charged with one of two offences. If the prosecution can prove that they were under the influence of a drug they can be charged with the more serious offence of driving under the influence of a drug which carries maximum penalties of a fine of $2,800.00 or 9 months imprisonment and a mandatory minimum driver’s licence disqualification of 6 months. If convicted of this offence, you are not able to make application for a work license. 

Alternately, you can be charged with driving whilst a relevant drug is your present in your blood or saliva. The maximum penalties for that offence are a fine of $1,400.00 or imprisonment for not more than 3 months. The mandatory minimum driver’s licence disqualification period is 1 month. So long as you are not on a probationary licence or on a no alcohol driving requirement, you are able to make application for a work licence if other criteria are met.  It is important therefore to determine whether or not the proper charge is one of driving under the influence of a drug (a more serious offence), or one of driving whilst a relevant drug is present in your blood or saliva.

To ensure that you get a fair trial it is vital to know all the relevant evidence the police have in their possession. Experienced criminal lawyers will ensure that all evidence is obtained and you are fully advised as to the case against you. This will enable you to make an informed decision about what to do. Recently, Mark Howden presented a paper on the Disclosure of Evidence to masters students in criminal law at the University of Queensland. A copy is attached. Trends in Disclosure

Committing a Public Nuisance is an offence provided for by Section 6 of the Summary Offences Act 2005.  

But I Am Not A Public Nuisance 

A charge of Public Nuisance can be defended by a person saying that they behaved in a certain way because:  

a)      They acted in self defence to an assault; 

b)      They acted in provocation  to an assault; 

c)      Their behaviour was not as defined in the act. 

But I had To Go 

Urinating in a public place was previously charged under the Section charging Public Nuisance. It is now a distinct offence for urinating in public. It is provided for by Section 7 of the Summary offences Act 2005.  

What Are The Maximum Penalties 

For Public Nuisance, the maximum penalty is 10 penalty units ($1000 or six months imprisonment) for the offence of Public Urination, the maximum penalty is two penalty units. As can be seen, Public Nuisance is the more serious of the two offences and can result in an actual term of imprisonment. It is important in these cases to obtain appropriate advice so that submissions can be made on penalty or the charge properly prepared to be defended.