All Criminal Charges and Police Investigations
If you are arrested by the police, then you have the right to telephone a friend, relative or lawyer of your choice. You should exercise this right and telephone a lawyer to get legal advice about your situation. You have the right to remain silent. This means that you should not say anything, make any statement or answer any questions until you get legal advice. You should tell the police your name and contact details but you should not tell them anything further until you get advice. You should not obstruct the police in the performance of their duties in any way.
Quick and accurate advice from a specialized lawyer is essential to protect your rights. We can give you professional and specialist advice and representation for all criminal matters including;
- Assaults (Common Assault / Assault Occasioning Actual Bodily Harm / Grievous Bodily Harm)
- Drugs (Possession / Supply / Cultivate / Trafficking / Manufacture)
- Manslaughter and Murder
- Weapons Offences
- Sexual Offences / Rape
- Frauds
- Stealing
- Bail Applications
- Break and Enter / Burglary
- Public Nuisance
- Assault / Obstruct Police
- Trespass
Family Law – Child Custody / Property Settlements / Divorce
Family Law
Brooke Winter Solicitors offers a wide range of services in relation to Family Law matters and we pride ourselves with continually updating our expertise and knowledge in this constantly changing and evolving area of law. We provide the highest level of assistance to you when you separate from your spouse or de facto partner offering advice and representation in relation to both children and property law matters. Our highly qualified and dedicated legal team are client focused and will strive to obtain the best outcomes for you and your family.
We can assist you with the following types of matters;
- Family Dispute Resolution Conferences or Mediations;
- Parenting Plans;
- Consent Orders;
- Recovery Orders;
- Urgent Applications;
- Contravention Proceedings;
- Divorce applications and representation in the Federal Magistrates Court of Australia and the Family Court of Australia.
- Department of Child Safety applications.
We aim to facilitate the process of devising parenting arrangements and property settlements as best we can whilst striving for the most appropriate outcome for each individual.
Department of child safety applications
We know that your children are what is most important and that these types of matters can be particularly stressful and difficult. Accordingly, we assist parents during this difficult time with navigating the particularly daunting legislation and stressful experiences with the Department of Child Safety.
We can provide assistance and clear advice in relation to opposing Temporary Assessment Orders, Court Assessment Orders, Short Term Protection Orders and Long Term Guardianship Orders. We assist parents in participating in Family Group Meetings and Court Ordered Conferences in negotiations with the Department.
Traffic and Driving Violations
There are harsh penalties for many driving matters, including the loss of your drivers licence and jail in some circumstances. You may be entitled to make a work licence application You may be entitled to make an application for a Special Hardship Licence.
If you are charged with a drink driving offence, there are a number of variables which must be considered. How high was your reading? What is your traffic history like? What was your manner of driving? These are some factors that the court will take into consideration. Listed below is the penalty ranges for drink driving offences. Note: Previous offences attract significantly higher penalties.
Queensland
| Offence | Fine | Imprisonment | Minimum Disqualification |
| UIL (0.150 or more) | |||
| First Offence | $2,800.00 | 9 months | 6 months |
| Second Offence | $6,000.00 | 18 months | 12 months |
| Third Offence | $6,000.00 | Mandatory Jail | 2 years |
| BAC (0.149 – 0.050) | |||
| First Offence | $1,400.00 | 3 months | 1 month |
| Special Category (0.000 – 0.049) | $1,400.00 | 3 months | 3 months |
| Drug Driving | $1,400.00 | 3 months | 1 month |
New South Wales
| Offence | Fine | Imprisonment | Automatic Disqualification | Minimum Disqualification |
| Automatic | Minimum | |||
| High Range (0.150 or more) | ||||
| First Offence | $3,300.00 | 18 months | 3 years | 12 months |
| Second or subsequent offences | $5,500.00 | 2 years | 5 years | 2 years |
| Mid Range (0.080 – 0.149) | ||||
| First Offence | $2,200.00 | 9 months | 12 months | 6 months |
| Second or subsequent offences | $3,300.00 | 12 months | 3 years | 12 months |
| Low Range (0.050 – 0.079) | ||||
| First Offence | $1,100.00 | Nil | 6 months | 3 months |
| Second or subsequent offences | $2,200.00 | Nil | 12 months | 6 months |
| Special Range (0.020 – 0.049) | ||||
| First Offence | $1,100.00 | Nil | 6 months | 3 months |
| Second or subsequent offence | $2,200.00 | Nil | 12 months | 6 months |
| Novice Range (0.000 – 0.019) | ||||
| First Offence | $1,100.00 | Nil | 6 months | 3 months |
| Second or subsequent offence | $2,200.00 | Nil | 12 months | 6 months |
We can help you with the following types of traffic matters;
- Drink Driving
- Drug Driving
- Disqualified Driving
- Unlicenced Driving
- Dangerous Driving
- Hooning
- Traffic Infringements
- Vehicle Impounding / Forfeiture Applications
- Interlock Applications
Work Licence Applications
Do you need your licence for work? These applications can be tricky and expert guidance is always recommended. How much have you got riding on your drivers licence? We can help you professionally prepare your application and represent you in court.
If you are charged with drink driving in Queensland, then you may be eligible to make an application to drive for work purposes. Work licence applications are not available for offences committed in New South Wales.
To be eligible to apply for a work licence you must;
- Be the holder of an open Queensland Drivers Licence; AND
- Have a reading below 0.150%; AND
- Have not had any previous major offences in the last 5 years; AND
- Not have been driving for work purpose at the time of the offence.
To be eligible for a restricted work licence, you must demonstrate to the court that
- You are a fit and proper person to be the holder of a drivers licence; AND
- That without a licence you would be deprived from the means of earning your livelihood
To make a work licence application, you will need to complete the following documents;
- Work Licence Application Form AND
- Your Affidavit; AND
- Your Employers Affidavit (if you are not self employed)
How much do you have riding on your drivers licence? We can help you professionally prepare your application and represent you in court.
Special Hardship Order (SHO) Licences
Special Hardship licences only apply to Queensland. You may be eligible to make an SHO if;
- You accumulate too many demerit points OR/
- You are booked by the police for a high speed offence (Over 40 kilometers per hour over the limit).
In these circumstances you will receive a notice from Queensland Transport advising you of the date of the suspension of your drivers licence. You will need to file the application in the Magistrates Court District in which you reside within 21 days
AFTER the suspension of your drivers licence.
You are NOT eligible to apply for an SHO if, within the last 5 years;
- You have previously made an application for an SHO;
- Your licence has been suspended or cancelled or disqualified;
- You were not licenced at the time of the incident;
- You have been convicted of dangerous driving.
An SHO will permit you to drive a motor vehicle with the following conditions;
- Purpose of driving;
- Class of motor vehicle that may be driven;
- Times in which you can drive;
- That a copy of the order must be carried by you whilst driving.
In order to make an SHO you must attend to the following tasks;
- File the application in court;
- File your completed affidavit;
- File your employers affidavit (if you are not self-employed); and
- Serve a copy of the above material on Queensland Transport.
At the hearing of your application you must prove to the court;
- That you are a fit and proper person to be the holder of a licence; AND
- That a refusal to grant the order will cause either extreme financial hardship or severe and unusual hardship.
These applications can be tricky and if you make a mistake your application could be refused. How much have you got riding on your drivers licence? We can help you professionally prepare your application and represent you in court.
Unlicenced / Disqualified Driving
You may be stopped driving by the police and charged with an offence of unlicenced driving because:
- Your licence has expired or you have never held a licence;
- Your licence is suspended by the State Penalties and Enforcement Register (SPER). For this offence there is a mandatory MINIMUM disqualification of 1 month;
- Your licence has been suspended because of the accumulation of demerit points. For this offence there is a mandatory MINIMUM disqualification of 6 months;
- You have previously been to court and your licence was disqualified. For this offence there is a mandatory MINIMUM disqualification of 2 years.
Severe penalties can apply in some circumstances, including imprisonment and lengthy periods of disqualifications. You should obtain legal advice quickly from an expert to protect your interests.
Domestic Violence
Have you been served with an application for a domestic violence order? Do you wish to make an application for a Domestic Violence order against someone else? We can help you no matter what your situation is.
You must carefully read the order that has been served upon you, together with the supporting application. You may agree or disagree with the application, but you must make a very careful decision about what you do because it could affect you later on (particularly if there are Family Law proceedings in place or likely to commence).
Once you have been served with an order of the court you must strictly comply with it. You will be notified of the date that your matter will be heard in court. If you fail to appear in court then it is likely that an order will be made in your absence.
At court, you can agree to the making of a final order (with or without making admissions), or you can contest the making of an order. If you choose to agree to the order, then it is likely that the court will make the order that day. Your other alternative is to disagree with the making of an order. If you contest the order, your matter will be adjourned to another day for the hearing of evidence.
We can represent you in court to protect your interests and help you to try to achieve your objectives.
Are you the Victim of Domestic Violence?
You may be the victim of domestic violence. We can help you make your application, prepare your affidavits, legally advise you throughout the process and represent you in court.
- Cycle of Violence
- DV Application Form
- Affidavit template
Peace and Good Behaviour Applications
A Peace and Good Behaviour Order may be made by a court where a person (who is not a respondent under the DV Act) has;
- Injured or threatened to injure an applicant; OR
- Damaged or threatened to damage the applicants property.
An application must be made to the court in an approved form. If the Justice of the Peace issues a summons then it is the responsibility of the Applicant to have it served on the other party.
When the matter is first heard in court, a Respondent essentially has two options available to them. Firstly, they can consent to the making of an order (with or without making any admissions about the contents of the application). Secondly, they can contest the making of an order and seek a hearing date.
On the day of the hearing, the Applicant will need to adduce the evidence they rely on for the application. They will usually be required to give evidence, as will any witness which they intend to call. It is usually the case that the Respondent (and any of their witnesses) will also have to give evidence. After considering all of the available evidence, the Magistrate will determine whether or not an order should be made.
We can assist you in these applications, whether you are an Applicant or a Respondent. Call us on (07) 5554 6622 for quality advice and representation.