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Facing criminal charges can be highly stressful but there are often a range of defences available to an accused person. By being proactive, experienced and discrete, we can help obtain the best outcome for you. |
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The Hogan Stanton team advise and represent our clients in: |
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Drink driving |
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Loss of licence |
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Other traffic matters |
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Arrests |
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Bail applications |
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Drug offences |
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Other offences |
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Our solicitors appear in all Magistrates, District and Supreme courts in Brisbane and surrounding areas. |
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Available 7 days a week/24 hours a day, you can contact us regarding any emergencies you may have. |
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Our office phone: (07) 3278 1888 (diverts to one of our experienced solicitors after hours) |
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There are four main offences that you may commit if you drive, attempt to drive or are in charge of a motor vehicle after consuming liquor or drugs: |
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driving while over the no alcohol limit |
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driving while over the general alcohol limit
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driving while under the influence |
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driving while a relevant drug is present in blood or saliva |
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An immediate 24-hour suspension from driving applies to any person charged with the above offences. In some circumstances, your licence may be suspended immediately until the charge is finalised.
If your licence is suspended until the charge is finalised you may be able to apply to the court for a replacement licence to continue to drive in stated circumstances. Certain criteria must be met.
If you are convicted of a drinking driving offence or an offence of driving while a relevant drug was present you may apply to the court for a restricted licence to drive only at certain times or between certain places for employment purposes. Before granting a restricted licence, the court must be satisfied that you meet certain criteria.
The Hogan Stanton team can advise and represent you in such applications usually for a fixed fee. If you are charged with an offence, please feel free to telephone us for urgent advices.
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When you are convicted of enough offences to constitute a certain number of demerit points, your licence may be suspended.
Before your licence is suspended, The Transport Department must send you a Notice to Choose, giving you 21 days to choose between having your licence suspended for the requisite period or agreeing to be of good behaviour while driving for one year. If you make no choice, the suspension option applies.
If during the one year good behaviour period you have 2 or more demerit points allocated, then the Transport Department must give you a notice suspending the licence for double the previous suspension period and advise you of your right to apply for a special hardship order.
If you are convicted of speeding more than 40 km/h over the speed limit ("a high speed offence”) the Transport Department must give a notice to you suspending your licence for 6 months commencing on a date at least 21 days after the notice and advising of the right to apply for a special hardship order.
If you wish to apply for a special hardship order , certain criteria must be met and it must be made within 21 days of the your licence being suspended. Certain procedures must be followed.
The Hogan Stanton team can advise and represent you in this application usually for a fixed fee. If you lose you licence please feel free to telephone us for urgent advices.
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There are many traffic offences. Simple traffic offences comprise camera detected offences and failure to observe road rules. You can contest a ticket or challenge a speed detection device.
More serious traffic offences involve the dangerous operation of a vehicle and murder and manslaughter through the use of a motor vehicle. An automatic minimum 6 month period of disqualification applies when a person is convicted of operating a vehicle dangerously. The mandatory penalty for murder is life imprisonment.
A person who drives a motor vehicle without due care and attention commits an offence and can be fined up to $4000.00 or imprisoned for up to 6 months.
It is an offence to drive a motor vehicle on a road without a valid licence or to allow another person known to be unlicenced to drive a motor vehicle. A wide range of penalties exist depending on the circumstances of the offence.
If you are charged with any of the above or other offences, particularly the more serious offences, we strongly recommend you seek legal advice so that we can advise and represent you in an endeavour to obtain the best possible outcome for you.
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This is the process of a person being required to be taken into custody. An unlawful arrest can give rise to a civil and criminal action in relation to an assault and false imprisionment.
Arrests can be made with or without a warrant.
If you are arrested you should, if possible, tell an independent person that you have been arrested and make a request to call us. It is unwise to physically resist arrest as consequences may flow. Polite conduct toward the police may prevent minor charges being laid.
In certain circumstances, you must give your name and address to the police. Otherwise you have the right to remain silent. The more serious the offence, the more necessary it is to have a well-calculated and informed approach to whether an interview should be undertaken at all. These decisions should only be made following a considered and informed discussion with an experienced lawyer.
We operate a 24 hour service whereby one of our lawyers can be contacted at any time. If this request is declined or there is a delay, it is safer not to speak to the police at all. |
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When deciding to grant bail, a police office or the court will consider whether there is an unacceptable risk that you might: |
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fail to appear and surrender into custody
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commit another offence
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endanger the safety or welfare of the alleged victim or any members of the public
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interfere with witnesses or otherwise obstruct the course of justice |
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If you are seeking release you will need to set out in affidavit evidence any evidence that addresses the following concerns: |
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the nature and seriousness of the offence
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your character, antecedents, associations, home environment, employment and background
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previous bail history ( if any)
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the strength of the evidence against you
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If you wish to make a bail application, have breached a bail undertaking or wish to appeal against a refusal of bail it is important that you obtain legal advice to ensure your interests are protected. The team at Hogan Stanton are here for you.
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A drug conviction may have wider repercussions than any penalty imposed by the court. It may affect your ability to seek or maintain employment and your ability to travel overseas.
As recent years have seen a policy change in sentencing drug-dependant offenders, with the introduction of a number of other options such as The Drug Court, Police Diversion Program, Court Diversion Program for minor drug offences and The
Q-Merit Program, it is important that you seek legal representation to endeavour to obtain the best possible outcome for you and perhaps even avoid jail.
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The Hogan Stanton team can advise and represent clients in other types of criminal offences such as: |
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Street offences (eg public nuisance, begging, wilful exposure, being drunk in a public place, graffiti and possession offences, prostitution) |
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Sexual offences (eg rape, sexual assault, attempted rape, assault with intent to commit rape, indecent acts, procuring sexual acts by coercion, kidnapping, female genital mutilation, sexual offences against children and persons with an impairment of the mind, child pornography and abuse, observations and recordings in breach of privacy, distributing prohibited visual recordings) |
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Firearms |
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Dishonesty offences (eg stealing, unlawful use of a motor vehicle, fraud, robbery, demanding property by threats, burglary, receiving, damage to property) |
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