Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when your client has been charged with drink driving or drug driving in Queensland and needs representation in the Magistrates Court. Open it at intake when you receive the QP9 facts sheet and immediate suspension notice, whether the client is considering a guilty plea, a work licence application, or a contested defence.\n\nJurisdiction: Queensland Magistrates Court, applying the Transport Operations (Road Use Management) Act 1995 (Qld) and the Transport Operations (Road Use Management - Driver Licensing) Regulation 2010 (Qld). Three forks exist: Simple Guilty Plea (Mitigation Pathway), Restricted Section 87 Work Licence Application, and Summary Hearing (Contested Trial).\n\nThe Process at a Glance: The lawyer begins with intake and a case audit - verifying identity, securing the retainer, obtaining the QP9 police facts sheet, the breath or saliva analysis certificate, the section 79B immediate licence suspension notice, and a certified traffic history from the Department of Transport and Main Roads. The traffic history is critical because prior disqualifications within the past five years affect both the minimum mandatory disqualification period and eligibility for a restricted work licence. The lawyer then advises on the available pathways: pleading guilty with a mitigation case, applying for a restricted work licence under section 87, or contesting the charge at a summary hearing. At the first court appearance the lawyer typically seeks an adjournment to take formal instructions, review the brief, and prepare the chosen strategy. The matter then proceeds to the relevant pathway hearing where the Magistrate imposes a fine and disqualification period.\n\nKey Legislation and Case Law: - s 79 (drink driving offences and blood alcohol concentration limits: low range 0.05-0.099, mid range 0.10-0.149, high range 0.15 and above), s 79B (immediate licence suspension notice served at time of offence), s 80 (evidentiary challenge procedures for contesting breath analysis results - notice must be served within the prescribed timeframe), s 87 (restricted work licence: eligibility criteria, application procedure, and conditions). governs disqualification periods and licence conditions. Mandatory minimum disqualification periods apply and increase with blood alcohol concentration and prior history. The Penalties and Sentences Act 1992 (Qld) governs the sentencing framework in the Magistrates Court including the role of character references, traffic offender programs, and mitigating factors.
Use this fork when your client is eligible for a restricted work licence under section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld) and needs to make that application alongside entering a guilty plea. This fork covers the strict eligibility audit, affidavit drafting, and court advocacy required to secure the restricted licence before the disqualification order is finalised.\n\nJurisdiction: Queensland Magistrates Court under the Transport Operations (Road Use Management) Act 1995 (Qld) - specifically section 87 and the Transport Operations (Road Use Management - Driver Licensing) Regulation 2010 (Qld). The application must be made at the same hearing at which the guilty plea is entered and the disqualification is imposed.\n\nThe Process at a Glance: The lawyer first conducts a rigorous statutory eligibility audit: the client must have held an open Queensland licence at the time of the offence, the blood alcohol concentration recorded must be below 0.15, and the client must have had no licence suspensions or disqualifications within the preceding five years. Drug driving charges are generally ineligible. If all criteria are satisfied, the lawyer drafts two detailed affidavits - a Defendant Affidavit establishing that the client genuinely needs to drive for work and would suffer extreme hardship without a licence, and an Employer Affidavit from the client's employer confirming the driving necessity. The work licence application (Form F3181) is filed at the court registry before the hearing date. On the day of the hearing, the guilty plea is entered first, then the section 87 application is argued before the Magistrate. The Magistrate has a discretion to grant or refuse the application and, if granted, imposes the restricted licence alongside the disqualification order.\n\nKey Legislation and Case Law: Transport Operations (Road Use Management) Act 1995 (Qld) - s 87 (restricted licence application: eligibility requirements including open licence, BAC below 0.15, no prior disqualifications in past 5 years, genuine need to drive for work, and extreme hardship test), s 79 (the guilty plea and disqualification at the same hearing). Transport Operations (Road Use Management - Driver Licensing) Regulation 2010 (Qld) - sets out the conditions and terms of restricted licences. The 'absolute necessity' and 'extreme hardship' tests under s 87 require detailed factual evidence: the court will not grant the application on bare assertions. The Defendant Affidavit must address each eligibility criterion specifically. The employer's affidavit must be sworn, not merely a letter. Provisionally licensed, learner, and drug-driving defendants are generally ineligible regardless of hardship.
Use this fork when your client denies the charge or there are genuine technical or procedural grounds to contest the drink or drug driving allegation at a summary hearing in the Queensland Magistrates Court. This plan covers the full contested pathway from entering a not-guilty plea through to the hearing and judgment.\n\nJurisdiction: Queensland Magistrates Court under the Transport Operations (Road Use Management) Act 1995 (Qld) and the Justices Act 1886 (Qld) governing summary proceedings. A contested drink driving matter is heard summarily before a single Magistrate.\n\nThe Process at a Glance: The lawyer enters a plea of not guilty at the first court appearance and requests an adjournment for the full brief of evidence. The brief is reviewed in detail, with particular attention to the arresting officer's observations, the breath or saliva analysis certificate, the machine calibration records, and the chain of custody for any blood samples. Where technical defences exist - such as the two-hour rule, mouth alcohol contamination, or equipment calibration defects - a formal section 80 challenge notice must be served on the prosecution within the prescribed timeframe. Case conferences are conducted with the police prosecutor to identify contested issues and explore resolution. Witness summonses may be required to compel the attendance of the breath analysis operator or equipment maintenance records. At the summary hearing, the prosecution bears the onus of proving the charge beyond reasonable doubt. The lawyer cross-examines the arresting officer and any technical witnesses, calls the defendant if appropriate, and delivers closing submissions challenging the sufficiency of the evidence.\n\nKey Legislation and Case Law: Transport Operations (Road Use Management) Act 1995 (Qld) - s 79 (drink driving offences and evidentiary effect of breath analysis certificates), s 80 (formal challenge procedure for contesting breath analysis evidence - notice must be served within the prescribed period or the certificate is conclusive evidence of the BAC). Justices Act 1886 (Qld) governs the summary hearing procedure and witness compulsion by summons. The prosecution bears the criminal standard of proof: beyond reasonable doubt. Technical defences include the two-hour rule (the BAC must be taken within two hours of driving), mouth alcohol contamination from recent burping or regurgitation, instrument malfunction or calibration error, and improper administration of the breath test. Drug driving defences may include challenging the reliability of the oral fluid analysis or the chain of custody of the sample.
Use this fork when your client accepts the facts alleged in the QP9 and intends to plead guilty to the drink or drug driving charge. This is the mitigation pathway, focused on minimising the disqualification period and fine through effective written and oral submissions to the Magistrate.\n\nJurisdiction: Queensland Magistrates Court under the Transport Operations (Road Use Management) Act 1995 (Qld). This fork applies to straightforward matters where the facts are not in dispute and the client's primary goal is to limit the impact of the mandatory disqualification.\n\nThe Process at a Glance: The lawyer retrieves and reviews the QP9 facts sheet and confirms the client agrees with the facts as stated. If any facts are disputed - for example, the recorded blood alcohol concentration or the circumstances of the stop - a case conference is requested with the police prosecutor to negotiate amendments before the plea is entered. The lawyer then assembles the mitigation package: collating character references from employers, family, and community members, confirming completion of a traffic offender program, and gathering evidence of genuine remorse and personal circumstances such as employment dependency on a licence. Comprehensive written mitigation submissions are drafted addressing the sentencing considerations under the Penalties and Sentences Act 1992 (Qld), including the early guilty plea discount and all mitigating factors. The lawyer appears before the Magistrate, the plea is formally entered, and the mitigation case is presented orally. The Magistrate imposes a fine and a disqualification period.\n\nKey Legislation and Case Law: Transport Operations (Road Use Management) Act 1995 (Qld) - s 79 (offence categories and mandatory minimum disqualification periods by BAC range and offence history), s 79B (immediate suspension runs from service - the disqualification period imposed at sentencing is offset by time already suspended). Penalties and Sentences Act 1992 (Qld) - s 9 (sentencing principles including rehabilitation, deterrence, and protection of the community), s 13 (early guilty plea as a mitigating factor). The Queensland Traffic Offender Intervention Program (TOIP) completion is routinely cited in mitigation. Prior disqualifications in the past 5 years increase mandatory minimums. Character references should be from persons who know the defendant well and address their character, remorse, and licence dependency.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Drink or Drug Driving (Defendant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for FAMILY_LAW, CRIMINAL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Collate the client's traffic history, QP9 fact sheet, and police suspension notices to establish base eligibility.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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Right to silence - advise the client at intake that they are under no obligation to provide any further statement to police. Any post-charge interview or informal discussion could be used against them.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Advise the client on the legal merits of a guilty plea versus contesting the charge, and define the court strategy.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Mandatory disqualification periods are set by Schedule 3 of the Transport Operations (Road Use Management) Act 1995 (QLD), varying by BAC range and prior offence history.
BAC thresholds for drink driving charges:
Penalties and Sentences Act 1992 (QLD) s 13 - early guilty plea discount: a timely plea is a mitigating factor that the court must take into account when sentencing.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Section 87 restricted work licence eligibility criteria - ALL must be met: (a) Client held a valid Queensland Open Licence at the time of the offence (b) BAC was under 0.15 (or it is a drug driving charge) (c) No licence disqualifications in the past 5 years (d) Client was NOT driving for work at the time of the offence (e) Licence was not already suspended at the time of the offence
s80 breath analysis challenge - if challenging the accuracy or validity of the breath/saliva certificate, a formal written notice must be served on the prosecution at least 14 days before the hearing.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Represent client at the first court appearance and secure a standard 2 to 4 week adjournment for preparation.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Strategic note - the s79B immediate licence suspension operates independently of court proceedings. The client remains suspended from the moment of the police notice until the court makes a final order. No interim driving is permitted during the adjournment period.