Criminal Law – Discount Foundation

Drug Tests And Why They Can Play A Significant Role In Family Court Proceedings

Posted on June 16, 2021November 30, 2023

For anyone who has started a drug rehab program or is about to start, it might be too late to convince your ex-spouse or partner that you are a fit and proper parent who should be allowed visitation or even the opportunity to co-parent. The truth is that it is not up to any parent to decide the legalities or otherwise of whether the other parent should have contact with their children; it is for the family courts to decide.

When the matter of who can or cannot see their children comes before a family court judge, it will be what is in the best interests of the child they will use to determine their decision. This is when your use of drugs, whether it is current or in the past, will likely be brought up in court by the child’s other parent or their family lawyer.

To do so formally, they, or their legal representative, will submit specific documents to the court indicating that they believe the child is at risk with regards to your alleged drug taking. This could include accusations that you leave drugs around your home or that you take drugs in full view of the child.

(more…)

Criminal Law

Anxious about a Traffic Infringement Notice?

Posted on September 3, 2017October 30, 2024

Competent Experts can help you Dispute the Fine or Explore legal Alternatives

An infringement notice is sent to the offender through post, email or by means of a ticket issued to the individual. Seeking the advice of experienced criminal lawyers can help you dispute the fine or penalty imposed by the court. An infringement notice will usually be sent to the person under whose name the vehicle is registered. In case the vehicle is under joint ownership, the notice will be sent to the person listed first on the registration form. Infringement notices are usually issued for traffic offences that include illegal parking, speeding or toll evasion.

An infringement notice will typically contain a number of details including date and time of the offence, location of the offence, the legal speed limit as well as the detected speed limit of your vehicle (in case of speeding violations) and the number of licence demerits expected to be added to your driving history.

Read on for some important facts about traffic infringement notices issued under Australian law:

The recipient should take appropriate action regarding the infringement notice within a period of 28 days.
You may choose to pay the fine in full. In this case, the demerits related to the offence will be appended to your driver’s licence history.

(more…)

Criminal Law

What Happens if You Get Caught Drink Driving?

Posted on August 3, 2013October 11, 2018

If you have consumed alcohol and then drive a vehicle, you may find yourself on a drink driving charge. For this to happen, you will have been pulled over for a breathalyser test. If you fail the test, you’ll find yourself on the wrong side of the law and will need the help of criminal lawyers. The penalties for drink driving – also known as DUI (Driving Under the Influence) vary from state to state and much depends on the circumstances of the individual case.

How far over the limit you were, whether you were speeding or caused an accident and even the type of vehicle you were driving are all factors that are taken into account at your trial – if it comes to a trial, that is. It may be that you are simply fined and have points taken off your driver’s licence.

As a general rule, the amount of alcohol in the bloodstream of a driver must not be more than 0.05%. However, this may vary if you are a learner driver, on P plates or if you were driving a truck. In the latter case, the amount of alcohol in the blood must be nil.