QLD Maximum Adjournment Times for Drink Driving?

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Kev40

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8 October 2017
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I got caught drink driving bac. 076, last offence was 4 years 6 months ago. I go to court on the 24/10/17. I need to see a psychiatrist and possibly go on a program. On top of that, I go overseas for 21 days starting on the 1/11/17.

Will I be able to adjourns the case for at least a month? What are the maximum times I can get it adjourned to sort treatment?
 

Tim W

Lawyer
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28 April 2014
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Unless an adjournment relates to, say, the availability of doctor's appointments,
or the availability of counsel, courts like to "get on with it",
as much as possible.

While not wholly out of the question,
asking for an adjournment in a criminal proceeding,
because you have three weeks on the beach
is less, rather than more, likely to get a positive reaction.
Asking for a long adjournment so you can leave the jurisdiction
is a most optimistic thing to do.
 

Kev40

Member
8 October 2017
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OK, what about seeking psychiatric assessment, medical tests and rehabilitation courses and how long can an adjournment be?
 

Tim W

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That varies, but has to be reasonable in all the circumstances.
And if you are thinking you can camouflage your holiday
with a delayed medical appointment, think again.
 

Kev40

Member
8 October 2017
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OK that's not the case that I'm trying to camouflage, just a cruel coincidence (for my partner not me). In the past, I have adjourned twice by myself so I'm sure it's possible. Was looking for some more detail but u just seem to be overly pessimistic.

Thanks anyway I'm sure you mean well.
 

Kev40

Member
8 October 2017
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Thanks Tim, my lawyer suggested the same. Another question if that's alright. If I'm on probation am I able to go on a three week holiday overseas? If it's been booked will the probation officer be leaneant?
 

Tim W

Lawyer
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Thanks Tim, my lawyer suggested the same. Another question if that's alright. If I'm on probation am I able to go on a three week holiday overseas? If it's been booked will the probation officer be leaneant?
Depends entirely on the officer.

Have a look at my answer to a similar question from a while back.

Also, if you already have a lawyer then stick with them.
If nothing else, such as being inherently dishonest,
and probably a breach of your Instructions (which is a contract),
it's damnably impolite to go shopping for second opinions
while concealing that fact that you already have a lawyer
 

Clancy

Well-Known Member
6 April 2016
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OK that's not the case that I'm trying to camouflage, just a cruel coincidence (for my partner not me). In the past, I have adjourned twice by myself so I'm sure it's possible. Was looking for some more detail but u just seem to be overly pessimistic.

Thanks anyway I'm sure you mean well.
Overly pessimistic.... yep, that's Tim W alright! lol, but the pessimistic is always a good perspective to be aware of for anyone with legal issues, just so long as its not the 'only' perspective you take seriously.