Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Just after some information regarding a drink driving

Customer Question
Hi there just after...

Hi there just after some information regarding a drink driving offence this would be my second one, although this one is different in due to me having cold and flu tablets throughout the day I had taken more than the daily recommended amount due to me feeling sick I then happened to blow over in a breath test and will lose my license is there anything I can do for a minimum sentence

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Queensland

Lawyer's Assistant: Has anything been filed or reported?

Yes have court on the 19/3/18

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that’s all thank you

Submitted: 4 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
3/12/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,286
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 4 months ago

If you are charged with a repeat drink driving offence, you may have your licnece cancelled for up to 2 years and be fined up tp $7,569, or be senetenced to a term imprisionment, depending on the circumstance.

you may be able to raise a number of defenses based on the facts which may include, error with breathalyzer machine, or other tests taken, such as machine error, blood reading was inaccurate due to time the blood test was done, whether you were in control of the vehicle.
You minimize you penalty by presenting a positive defense.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,635 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,286 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I have been caught drink driving and it it my second time,
I have been caught drink driving and it it my second time, the last one was 5 years ago. My blood alcahol level was .142, what should I expect and do I have to go to court … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
There, I asked about my marijuana and drunk driving
Hi there, I asked about my marijuana and drunk driving convictions a while ago and got a very satisfactory answer – that they are 'spent' as they were around 30 years ago, and didn't involve prison. M… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I was recently breath tested and blew 0.024 (below the normal
I was recently breath tested and blew 0.024 (below the normal 0.05 limit), due to prior drink driving charges, I have been summoned to court. I do not have a good driving history. Is it possible for t… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I am being prosecuted for drink driving at 0.089 grams in 210
I am being prosecuted for drink driving at 0.089 grams in 210 litres of breath. I believe the penalties are 500 - 1500 fine plus a min six month ban . Does anyone ever not get banned or it this a mini… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I recently got charged in QLD for failing to supply a specimen
I recently got charged in QLD for failing to supply a specimen of breath. I blew 0.06 on the roadside and informed the officer my last drink was several hours ago. I was taken back to the Police Stati… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
this is my 2nd drink/driving offence. my first was in July
this is my 2nd drink/driving offence. my first was in July 2008. my reading was 0.94 in Mossman, Far North Queensland. how long will I be disqualified for? I am a 54 year old single self employed woma… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hi, I have just been charged with my second drink driving
Hi, I have just been charged with my second drink driving offence in Queensland in 5 years and blew 0.218. The first offence I was asleep in the car. Is it possible to get the details of that offence … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I was stopped by police in Western Australia for a Random Breathe
I was stopped by police in Western Australia for a Random Breathe test and was subsequently asked to go with them back to the police station for another test. I had admitted to have only finished an a… read more
Richard
Richard
Bachelor's Degree
48 satisfied customers
Hi, I was Pulled over on the 1/7/09 for drink driving in QLD
Hi, I was Pulled over on the 1/7/09 for drink driving in QLD i went to court on the 12/11/09 and my reading was 0.118 i was charged and disq for 4 mths and a $800 fine which i have paid. The police pu… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I was involved in a vehicle accident. The accident was not
I was involved in a vehicle accident. The accident was not my fault. Two cars collided, and one of them spun into my car. When breathalysed, results came back with a reading of 0.064, which is slightl… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
Im currently a green p-plater drive (p2) ive been cought drink
Im currently a green p-plater drive (p2) ive been cought drink driving it is my first offence. now i need my licence for work purpuses. ive actually lost my job witch ive been working in for 2 years d… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I received a Drinking Driving ticket for blowing 0.125 and
I received a Drinking Driving ticket for blowing 0.125 and am due to appear in court tomorrow morning. On the citation the officer wrote down the incorrect license number. Is it advisable to try to ge… read more
Katrina Bell
Katrina Bell
Barrister Sole
Bachelor\u0027s Degree
468 satisfied customers
I was picked up for Driving Under the Influence and measured
I was picked up for Driving Under the Influence and measured a reading of .08. I was told by the Police Officer that if I went and had a blood test that the results might be more accurate. I have had … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hi, Ive recently been done for drink driving. It has been
Hi, I've recently been done for drink driving. It has been my first drink driving offence and I blew .09 I'm twenty five and the only other convictions I've had previously have been a couple of parkin… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
My son is 22yrs of age and was on good behaviour for 12mts
My son is 22yrs of age and was on good behaviour for 12mts for lose of points but now has been fined $300 dollars and lost 3pts for moving his phone from dash of car . Is there any way he can get a wo… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Will I have a criminal record for a refusal to comply with
Will I have a criminal record for a "refusal to comply" with a drink driving charge? My licence has been suspended for 12 months and I have blood test sample which I have good resason to believe would… read more
Alex Nelson
Alex Nelson
Principal Solicitor
Bachelor's Degree
62 satisfied customers
I have a court date for the 7th of Jan . I am being charged
I have a court date for the 7th of Jan . I am being charged with drink driving for blowing 0.18. Is there any way I can keep my licence? I have heard something about having 1 point for 12 months. It i… read more
Kenneth Hunt
Kenneth Hunt
Principal Solicitor and Migration Agent
Master's Degree
4 satisfied customers
Hi, My name isXXXXX and I have just been summoned to
Hi, My name isXXXXX and I have just been summoned to appear in Armadale Magistrates Court on a drink driving charge. Unfortunately due to my troubled youth this is my 5th DUI charge that I will be fac… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x