QLD Maximum Adjournment Times for Drink Driving?

Discussion in 'Traffic Law Forum' started by Kev40, 8 October 2017.

  1. Kev40

    Kev40 Member

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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?
     
  2. Tim W

    Tim W Lawyer
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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.
     
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  3. Kev40

    Kev40 Member

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    OK, what about seeking psychiatric assessment, medical tests and rehabilitation courses and how long can an adjournment be?
     
  4. Tim W

    Tim W Lawyer
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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.
     
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  5. Kev40

    Kev40 Member

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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.
     
  6. Kev40

    Kev40 Member

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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?
     
  7. Tim W

    Tim W Lawyer
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    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
     
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  8. Clancy

    Clancy Well-Known Member

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    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.
     
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