I have been approached by the police, they said I am not being charged yet, they just want to ask me some questions, what do I do?
Tell the police you want to speak to your lawyer. They have to call us. It may be that the police want to ask you some questions to see whether or not they will charge you.
The police will record everything that you say and type it up into a transcript. The recording and transcript will be tendered in court so what you say is incredibly important.
I have been caught driving whilst disqualified, what do I do?
Driving whilst disqualified is taken very seriously by the courts. If you have been charged, you will have to go to Court and explain why you chose to drive knowing you were not allowed to.
If it is your first offence the court will usually show some leniency, however recent decisions by the Chief Justice of the Supreme Court suggest that if a person blatantly disregards a Court Order (i.e. not to drive) then they should receive a term of imprisonment. That term may or may not be suspended.
I want to plead guilty to a minor offence but I am scared that a conviction will impact my job. What can I do?
If you do not have a criminal record or the offending is minor, we are able to make a submission to the Court that there should not be a conviction. It is ultimately up to the Court however if we are able to provide compelling reasons, for example, that it would affect your ability to be employed, the Court may find in your favour.
I’ve been pulled over for a minor traffic offence, how many demerit points will I loose?
You will loose demerit points for a series of traffic offences including:
- Using your mobile phone whilst driving
- Proceeding through a red traffic light
- Careless driving
- Failing to give way
- Drink Driving
If you accumulate too many demerit points you will loose your licence. If you have 12 to 15 points you lose your licence for three months, between 16 to 20 points it will be four months and for more than 20 points you will loose your licence for five months.
My ex-partner keeps threatening me with an Intervention Order. What is that?
An Intervention Order used to be referred to as a Restraining Order.
It is issued by either the police or the Court and prohibits a person from behaving towards another in a way which may be considered violent, harassing or threatening. The Order can prevent you from attending at someone’s home, work or being within a certain distance from them.
What happens if I breach an Intervention Order?
You will be charged with a criminal offence and you will need to go to Court. The maximum penalty for this offence is a term of imprisonment for 2 years.
We highly recommend that you seek legal advice to assist given the gravity of the offence.