Lewis Kitson Lawyers

What is a novice driver?

A novice driver is someone who has held a licence for a period of less than two years. This two year period does not include: periods when you were excluded from driving by law, or the period when you were driving under a learner's permit (had your L-plates). If you have held a licence issued in another State this time period will count when working out whether or not you have held a licence for two years.

Is there a legal BAC limit?

Depending on the type of licence you hold and the current status of your licence, you will have a particular legal limit on the amount of alcohol you are allowed to have in your system when you are driving. If you have been charged with driving with alcohol in your system you should contact Steven Blyth, Partner at LB&H on [email protected]

Do I have to do a driver assessment test or do a blood or urine test for drugs?

If you are the driver of a vehicle and the police ask you to either do a driver assessment test to see if you are impaired by drugs, or ask you to do a blood or urine test to test for the presence of illicit drugs in your system, you must comply with the request. It is an offence to refuse to comply with the request.

Do I have to get Family Court orders about my property settlement?

No, you do not have to get Family Court Orders but LB&H strongly recommend that you do obtain Orders. Agreements which are not reflected in a formal agreement are not binding on the parties. That is, either party could come back for another bite of the cherry at a later date if they decide they are not happy with the way the assets were divided.

If I am fined will I be given time to pay?

The court will always give you 28 days to pay any fine imposed. If you need longer than 28 days to pay you should go to the Registry at your nearest Magistrates Court before the 28 days runs out, to arrange to pay the fine by instalments (time to pay).

How long will it take to get my child back?

There is no definitive timeframe for a Hague case. Each application must be reviewed on its own merits, and each foreign country has its own processes, procedures and timeframes. The length of time will depend on factors such as whether a voluntary return occurs, whether the application proceeds to court, and whether the decision is appealed.

When will the impounded vehicle be released?

When the impounding period has ended , a responsible person may ask for the release of the vehicle. It must be released unless there are costs of impounding that have not been paid and it will only be released when the place where it is stored is normally open to the public.

Will my licence be cancelled if I am a P-plater?

Yes, if you are a provisional licence holder (P-plater) and you are disqualified from driving for an offence of drink or drug driving, your licence will be automatically cancelled. If your licence is cancelled, you cannot drive until you have passed your test again.

If I was married overseas can I get divorced in Australia?

Yes, provided you or your spouse: are an Australian citizen or regard Australia as your home and intend to live here indefinitely as a citizen or resident or ordinarily live in Australia and have done so for the last 12 months. If your marriage certificate is not in English, you will have to provide the Court with an authorised translation. At present, Australian law does not recognise gay marriages or lesbian marriages even if they are legally valid overseas

What is a recently disqualified driver?

You are a recently disqualified driver if within the last 3 years: you cease to be subject to an order disqualifying you from holding or obtaining a driver's licence for DUI, failing to comply with a request for a test or for a second or subsequent excess 0.08 BAC offence, or you have been re-issued a driver's licence that had previously been cancelled for prior drink driving offences.