Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for contesting drink or drug driving charges via a summary hearing in Queensland. Designed explicitly for criminal defence advocates, this guide outlines procedural steps under the Transport Operations (Road Use Management) Act 1995 (QLD). Additional forms are accessible via the Queensland Government Portal.
Jurisdiction: This guide applies to contested trials in the Magistrates Court of Queensland, Australia. The governing rules can be verified on the or the state .
The Process at a Glance: Contesting a traffic charge requires a rigorous audit of the police brief. The process involves: • entering a plea of not guilty • conducting case conferences • requesting the brief of evidence • serving a formal s80 challenge notice to contest breath analysis calibration or machine validity • summonsing witnesses • representing the defendant at a summary hearing. Practitioners should check the official Queensland Government Portal and Queensland Legislation Registry for regular procedure updates.
* 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 Traffic: Drink or Drug Driving (Defendant) - Summary Hearing (Contested Trial) 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.
Record a plea of not guilty at the first appearance and request the prosecution brief of evidence.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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.
Evaluate the police statements, calibration logs, and breath analysis certificates for vulnerabilities.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Serve the s80 written challenge notice on the prosecution at least 14 days before the trial.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Section 80 Transport Operations (Road Use Management) Act 1995 (QLD) - the breath analysis certificate is prima facie evidence of the BAC reading. To challenge it, the defendant MUST serve written notice at least 14 days before the hearing. Failure to serve this notice means the certificate is accepted without further proof.
Common s80 challenge grounds:
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.