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.
Jurisdiction: 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).
The 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.
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.
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.
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.
Key Legislation and Case Law: Transport Operations (Road Use Management) Act 1995 (Qld) - 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). Transport Operations (Road Use Management - Driver Licensing) Regulation 2010 (Qld) 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.
* 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 Criminal Law cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Advise the client on the legal merits of a guilty plea versus contesting the charge, and define the court strategy.
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Advise the client on the legal merits of a guilty plea versus contesting the charge, and define the court strategy.
Represent client at the first court appearance and secure a standard 2 to 4 week adjournment for preparation.
Draft and finalize character references, traffic course certificates, or trial briefs.
Represent the defendant at the final hearing to secure the best possible sentence or restricted licence order.