Late-night policing in a busy entertainment precinct led to a high-range drink driving charge, a six-month license disqualification and a $750 fine. No conviction was recorded. This case illustrates how CCTV, roadside testing, and station analysis are combined in court, and why early legal advice can mitigate the consequences of a serious charge.
Facts of the Matter
Police allege the client parked a four-wheel drive in a busy nightlife area, left the vehicle and attended a nearby food outlet. A taxi supervisor then alerted police. CCTV footage from the local network identified the client as the person who had recently driven and returned to the vicinity of the parked vehicle. When approached, the client denied being the driver. Police advised they reasonably suspected the client was the driver and referred to the CCTV footage.
Because the client had just eaten, officers observed a waiting period before a roadside breath test. During that interval, police asked about alcohol consumption. The client acknowledged having consumed wine earlier in the evening and responded, “can’t remember,” to several follow-up questions. A roadside test indicated alcohol above the legal limit, and the client was taken to a nearby station for breath analysis. The analysis returned a high-range reading of 0.152. A Notice to Appear was issued, and the client was released into the care of a sober adult.
Charges & Maximum Penalties
The client was charged with driving under the influence of liquor under section 79(1)(a) of the Transport Operations (Road Use Management) Act 1995 (Qld). For this offence, the court can impose significant fines or imprisonment, and must order license disqualification. For first offences, disqualification is at least six months. High-range readings and UIL offences are also subject to Queensland’s alcohol ignition interlock scheme if the driver seeks to return to the road after disqualification. A restricted work license is not available for UIL or for readings at or above 0.150.
Court Outcome
At the Magistrates Court the client pleaded guilty. The court imposed a six-month license disqualification and a $750 fine with sixty days to pay. Importantly, no conviction was recorded. This outcome recognised the seriousness of the conduct while limiting the lasting impact on the client’s record.
Key Takeaways for Defendants
– CCTV, civilian reports and timing of police interactions can be decisive. If police can show you drove earlier and remained nearby, that can establish the driving element even if you are not behind the wheel when approached.
– A waiting period after recent food or drink is common to reduce mouth-alcohol effects before testing. The later station analysis usually carries the greatest weight.
– What you say at the scene can be used in court. You have the right to remain silent and to seek legal advice.
– For UIL or readings at or above 0.150, the court must disqualify for at least six months. A work license is not available, and the interlock scheme applies when returning to driving.
– Early legal advice, a timely plea, references and steps toward rehabilitation can help achieve a fine without a recorded conviction, depending on your history and circumstances.
How Fraser Lawyers Can Help
If you are facing a drink driving allegation, get tailored advice from Fraser Lawyers. Speak with our team via the Contact page, or read more on our Criminal Law and Traffic Lawyers pages. For practical next steps after disqualification, see Getting Your Licence Back After Disqualification in Queensland. Our experienced lawyers can assess your QP9, advise on eligibility issues and prepare you to achieve the best possible outcome.
Disclaimer
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