A member asked almost 8 years ago

Plates confiscated for driving without license and drunk driving while under the limit

Hi. I was at a staff meeting where we always have a couple of beers. I had a total of three mid strength beers over a period of about two hours. I then drove home confident that I was below the legal limit. I was stopped at a roadside breath testing station where I was informed that my licence had expired three weeks ago and that therefore the breath alcohol limit was zero. I had my plates confiscated and am being summoned to court. My breath test result was 0.045 therefore below the limit.  I had not received any notification of my licence expiring and simply did not notice that it had expired. I have to attend court next week and would greatly appreciate any advise. Thanks

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Usually the Queensland Department of Transport and Main Roads will send a driver a notice approximately 4 weeks before their licence expires. However, the fact that you did not receive a notice will not, by itself, be a sufficient defence to the drink driving charge.

At your court hearing, you will have the opportunity to accept the charge against you or contest it. If you decide to contest the charge, you will have the opportunity to present your case to the magistrate. Here, you can explain the circumstances leading up to the event, including the fact that you did not receive a notice about your licence expiring. You can also tell the magistrate about any other personal circumstances that may impact the outcome of your hearing.


Suggested way forward

You may want to consider speaking to a lawyer who can fully assess your situation and advise you of your options at court. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

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