FAQs matching Drink Driving

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Are police officers required to handcuff every person placed under arrest?

Practice Areas: Drug Offences, Human Trafficking, Weapons, Assault & Battery, Robbery & Theft, Arson, Apprehended Violence Orders, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Resisting Arrest, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Bail Applications, Criminal Law Matters

 There is no general rule or requirement that a police officer must handcuff a person who is being arrested. Furthermore, there is also no requirement...

If there has been a determination of guilt by the courts: Do judges have the discretion not to record a conviction?

Practice Areas: Drug Offences, Weapons, Assault & Battery, Robbery & Theft, Arson, Apprehended Violence Orders, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Criminal Law Matters

In instances where a determination of guilt has occurred, the majority of people will probably hope that a judge will use their discretion to not record...

Can a person raise a defence of intoxication in a criminal matter?

Practice Areas: Drink Driving, Victim Support, Witnesses and Victims, Court Appearances, Anti-Social Laws

Most people will be aware that when intoxicated, a person’s physical and mental faculties are diminished, therefore, impairing their conduct and...

Can I appeal a Licence Suspension?

Practice Areas: Drink Driving, Drug Driving, Licence Appeals

If you are a unrestricted licence holder caught travelling 30kmh over the speed limit or have accumulated more than 12 demerit points you will be suspended...

I was breath-tested the other day-no problems but what happens if I had failed the test?

Practice Areas: Court Appearances, Drink Driving

The roadside test is just a screening device, but if you fail it you will be arrested and required to provide a breath analysis sample, either at a mobile...

If I am charged with an offence will I get bail?

Practice Areas: Court Appearances, Drink Driving, Drug Offences, Assault & Battery, Traffic Matters, Robbery & Theft, Resisting Arrest, Speeding, Drug Driving, Murder, Anti-Social Laws, Indecent and Sexual Assault, Sexual Offences, Weapons, Arson, Bail Applications

Like many criminal law matters, the granting of bail is different in each State and Territory. As a general rule, there is a presumption that a person...

What about personal safety during court appointments and proceedings?

Practice Areas: Court Appearances, Drink Driving, Victim Support, Witnesses and Victims

Here someone must attend court proceedings, it is important that the Court is notified about any concerns regarding personal safety.  In situations...

What are the different courts in Australia and how do they work in criminal matters?

Practice Areas: Court Appearances, Drink Driving, Drug Offences, Assault & Battery, Traffic Matters, Robbery & Theft, Speeding, Drug Driving, Murder, Anti-Social Laws, Indecent and Sexual Assault, Sexual Offences, Weapons, Arson, Bail Applications, Local Government

Local and Magistrates' Courts Local Court and Magistrates’ Courts hear less serious matters and are heard by a Magistrate. The role of the Local...

What is the difference between a summary and indictable offence?

Practice Areas: Drug Offences, Human Trafficking, Weapons, Assault & Battery, Robbery & Theft, Arson, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Resisting Arrest, Indecent and Sexual Assault, Murder, Sexual Offences, Bail Applications

In criminal law, you may often hear people talk about summary or indictable offences.  There is sometimes a distinction drawn between the two based...

What happens if I am caught drink driving?

Practice Areas: Court Appearances, Drink Driving

Drink diving offences and penalties are different in each State and Territory.  However, throughout Australia, driving while under the influence of...

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