by docked_d32xj4Navigating Queensland’s Alcohol Interlock Program: Legal Implications and Challenges
Alcohol interlock devices are part of a recently introduced program aimed at reducing drink driving offences in Queensland. An interlock is fitted to vehicles which does not allow the vehicle to be started or driven until the driver registers a blood alcohol reading of 0.00%.
Courts cannot waive an interlock condition, as it is a condition imposed upon a person’s license, rather than a ‘punishment’ imposed by a court.
A person becomes required to have an interlock device installed if they are convicted of any of the following:
- Drink drive, with a reading over 0.10% (middle range or higher);
- Drive whilst under the influence;
- Failure to provide blood/breath specimen;
- Dangerous driving whilst affected by alcohol;
- Repeat drink driving offences within 5 years.
After serving the necessary disqualification period, a person is then required to have an interlock device fitted all vehicles they drive for a period of at least 12 months.
Some important other matters regarding interlock devices are as follows:
- Cost – the person with the interlock requirement is responsible for all costs associated with the installation, regular maintenance and removal of the interlock device;
- Compliance – regular servicing of the device is required, and all breath test data is monitored.
- Penalty – driving without an interlock device when required or tampering with the device can result in further penalties, including fines, additional license disqualification as well as extensions of the interlock period.
Whilst there are exemptions to the interlock requirement, any exemption must be applied for by way of submission to the Department of Transport.
Exemptions are limited to the following categories:
- Medical exemption
Unable to provide a specimen of breath
- Geographic exemption
No interlock services available
- Vehicle exemption
Do not have access to vehicle/vehicle cannot support an interlock device
- Work-related exemption
In limited cases, where the interlock would significantly impact the person’s employment
- Financial hardship
In rare cases, extreme financial hardship might be considered
- Extraordinary circumstances
Other exceptional situations may be considered on a case-by-case basis
Exemptions are rarely granted and can only be applied for after the court proceedings are finalised, meaning a person does not have the requisite information about their punishment before finalising their court matter.
This adds to the complexity for lawyers to give accurate and appropriate advice to those charged with relevant driving offences.
Interlock requirements and work licenses
A person convicted of drink driving may, in certain circumstances, be eligible for a work license.
If a person registers a BAC reading of between 0.10% – 0.15%, then not only are they required to comply with an interlock requirement but are also eligible to be granted a section 87 work license.
Work licenses are granted only in circumstances where the court is satisfied that the absence of a license would cause a person to lose their employment.
Often, a person’s employment requires them to operate different company vehicles or hire cars. When granting a work license, courts can formulate and impose conditions to allow for these relatively common work requirements. However, an issue arises when the interlock condition is imposed by the Department of Transport.
The interlock program does not contemplate common work requirements, such as the need to utilise various vehicles such as fleet vehicles or hire cars.
Situations such as these undermine the court’s discretion to permit people to apply for and obtain a work license, after convictions for certain driving offences. Necessarily, any recipient of a work license that is then impeded from driving due to the interlock requirement, would lose their employment and means to earn a living.
The granting of a work license occurs only after the court is satisfied with certain legislative requirements. An interlock mandate effectively makes the work license regime redundant and erodes the court’s ability to determine when a person is ‘fit and proper’ and should appropriately be permitted to continue to drive for work purposes.
It is Government initiatives such as this that, in effect, interfere with the independence and discretion of the court and specifically the discretion surrounding the granting of work licenses.
It is also difficult to comprehend how a mandatory program such as the interlock program can have a globally positive effect, in circumstances where more people will lose their livelihoods as a result of the program. After all, it is why s87 work licenses were enacted in the first place.
Should you or those close to you require assistance in relation to traffic offences, disqualifications, work licenses or advice regarding the interlock program, you should contact Jones + Associates at (07) 32293 166.
by docked_d32xj4Is your legacy protected?
Having a will and an enduring power of attorney is crucial for anyone who wants to ensure that their wishes are carried out and their loved ones are protected in the event of incapacity or death.
A will is a legal document that outlines how a person’s assets will be distributed after death. Without a valid will, a person is considered to have died intestate and the distribution of assets is governed by the Succession Act 1981 (QLD). This can lead to assets being distributed in a way that the deceased person may not have intended and can result in disputes among family members which can be time consuming and expensive to resolve.
Having a will allows a person to specify exactly how their assets should be distributed and can include instructions around specific assets and gifts, the care of minor children, the care of pets and the allocation of debt and liabilities.
An enduring power of attorney is a legal document that allows a person to appoint someone to make decisions on their behalf if they become unable to do so. This can include decisions about financial and legal matters, as well as health care decisions. Without this document, if a person becomes incapacitated, their loved ones may need to apply to the court for permission to make decisions on their behalf. This can be a time-consuming and stressful process. Having an enduring power of attorney in place can provide peace of mind for both the person who made the enduring power of attorney and their loved ones.
Estate planning may not be the most pleasant task but it will provide peace of mind for you and your loved ones and ensure that your wishes are carried out as you intended.
by docked_d32xj4Return of Property Seized by Police
Our office has recently made several successful applications before the Magistrates Court for the return of property seized from various clients including a recent application for the return of approximately $420,000.00 worth of watches.
The legislative powers with respect to property are governed by the Police Powers and Responsibilities Act (Qld) 2000.
Police have the power, in certain circumstances, to seize a person’s property and hold it in their custody for a period of 30 days.
Police may hold the property for longer than 30 days in the following circumstances:
- A successful application is made to extend the seizure time;
- The property is evidence in a proceeding;
- The property is used in manufacturing a dangerous drug;
- The property is subject to a forfeiture proceeding.
After 30 days, and assuming the property is not subject to any of the pre-conditions discussed, police must return the property to the owner or the person who had lawful possession of the property if they are satisfied of the following:
- It is not required to be retained; and
- It is lawful for the person to have possession of the thing.
Application to the Commissioner of Police for the Return of Property
If your property is returnable and Police have failed to return it, you can make an application to the Commissioner of Police. The Commissioner may either:
- Return the property to yourself or the nominated person; or
- Refuse to return the property.
Application to the Magistrates Court for the Order for the Return of Property
If the Commissioner refuses to return the property, you can then make an application to a Magistrate.
A magistrate may order for the return of the property if the Magistrate is satisfied that you:
- May lawfully possess the property; and
- It is appropriate the property be returned to you.
A Magistrate is unlikely to find it is appropriate to return the property if:
- It may be evidence in a proceeding; or
- Used In or for manufacturing a dangerous drug; or
- May be subject to a forfeiture proceeding.
If you have property which has been seized by police, you should contact Jones + Associates, to assist with its return.