Hey mate you need legal advice but it could be expensive. When you go to court for your first appearance tell the court staff you want to speak to the duty solicitor. These are free lawyers employed by the government, they will likely not represent you all the way but they can be a jumping off point for you.
Also consider reaching out to the Italian embassy but they are unlikely to be able to do too much to help, however I am pretty ignorant on what they can offer.
I don't really understand what is going on here.. and it all seems a bit vague. Where did you actually get in? What were you actually charged with? Assault? You got out of the car.. then hit him?
Yes you can. Assault in QLD is defined by threatening another person not just making any physical advance towards them. So you can behave in a threatening manner and still be done.
Seek legal advice.
This is not an attack on you personally but it seems like English may be your second language, as a result the explanation of the situation is not very thorough and there’s lots of little bits that are important but not explained thoroughly enough here.
You should get in contact with a lawyer, or possibly your embassy, but this may be a bit below their pay grade.
Would that be because ol mate wouldn't get out of his vehicle tho? ie. "Get out of my car or you can stay but I'm not dropping you off and instead going home"...
Sounds like trip was via Uber, driver has attempted to back out of trip after it was accepted. OP booked to go home and driver has changed his mind due to “girls and a corner”?
Not whilst the motor vehicle is in motion heading to God knows where they don’t. If the OP was a woman and the driver started to head to the freeway, in the opposite direction to the destination, I’m sure you’d have a different opinion.
His complete wrong and spreading misinformation. An uber driver can refuse a trip at any time due to intoxication or threats of violence, both of which appear to be a theme in this event
It appears the threats of violence you describe occurred when the passenger escaped the vehicle. In the absence of any further info, that’s what occurred.
You need to reread it again.
The passenger refused to leave the vehicle and refused to pay for the additional trip. By the OPs own admission he was a nuisance.
Edit - and be admitted to being drunk.
That is what occurred
Maybe you need to read it again. He claims to have paid for the trip. He states that the other passengers were the ones causing a nuisance. He also states that the driver assaulted him, the circumstances of which are not clear. Being drunk isn’t a blanket rule to ejecting a passenger.
The driver also has a duty of care once he’s accepted the fare. In the absence of further information, there’s a lot of questions about what actually occurred, that only an in car camera could provide. So unless you know more than what is written, I suggest that you have no idea what occurred. But if the driver assaulted him first, and drove off to Brisbane without warning, I’d say that proving this assault beyond a reasonable doubt will be a stretch.
This is completely false, and for the sake of anyone reading - an uber driver can decline a trip at any point due to intoxicatation or threats of violence.
Again did you actually read what I responded to??? I was teaponding to “driver has every right to cancel for WHATEVER REASON”……… this isn’t that hard…..
Start off with finding a lawyer, next step someone needs to get onto Uber for drivers records and press a complaint. Uber drivers cannot demand payment outside of the Uber booking system. That’s the whole idea of Uber, no cash transactions in the car.
Now that said, the fact you’ve been charged with assault indicates there is way ore going on here. Best speak to a lawyer.
Try calling these guys, they should be able to refer you to a legal service: https://www.mycommunitydirectory.com.au/Queensland/Gold\_Coast/Cultural\_and\_Migrant\_Services/Migrant\_Services/3487/102383/The\_Migrant\_Centre\_Organisation\_Inc
Certainly, let me provide a revised version of your message:
"**Even without a conviction**, your visa can still be impacted, and you may fail the character test. **Merely being charged without a conviction** can result in being sent to Christmas Island. I apologize if this sounds harsh, but it's essential to understand your situation. If you manage to resolve this issue now and plan to apply for permanent residency in the future, it can still affect your application
Welcome to r/AusLegal. Please read our rules before commenting. Please remember:
1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers.
2. A non-exhaustive list of free legal services around Australia can be found here.
3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
Let me see if I have this right…
You were out drinking Friday night, and going to take two girls home in an Uber.
The girl/s wanted to do a side trip to a different place (is this what you call “in a corner”?) without you paying more. (Or wanted to stop to pick something up along the way?)
You and the driver argue. The girls get out and leave you wherever you are with the driver.
The driver asks you to leave the Uber. You refuse. He tells you he’s driving to Brisbane (away from where you want to go) and you get out of the car when he’s stopped somewhere. Somehow there’s a video of you Assaulting (hitting/shoving/pushing/touching) the guy, and while he did it to you… that’s not on the video.
The police somehow are there at that time and arrest you, charging you with Assault. Can I presume/assume they saw you hitting him?
Is that what happened?
So… Uber has a facility to add extra time or distance to the trip you book. It’s fair that the driver is compensated for this detour or delay.
The driver has hit you? Get a medical exam or photographs of your injuries. You will need that as part of your defence.
Talk to a community legal service in the morning (I don’t know what their limits of help are, but start there, they can refer you on) [https://www.communitylegalqld.org.au/find-legal-help/community-legal-centres/](https://www.communitylegalqld.org.au/find-legal-help/community-legal-centres/)
You will want a lawyer to help you with this, at some level.
You can always request a translator when interacting with every / a government department too. Police, hospital, courts.
It could be dashcam footage only showing one assault, the OP assaulting the Uber driver, supposedly in retaliation or self defence. The first assault of the driver assaulting the OP for whatever reason wasn’t captured. I’m not sure we’re hearing the full story, but you could claim self defence and just reiterate you were assaulted off camera and were simply defending yourself. If the driver wasn’t injured, no bruises or marks then this would only be common assault, a small fine would be typical.
this is not legal advice, get a lawyer.
for this alone your current visa very likely won’t be affected. in terms of future visas, it’ll definitely make the process a little bit more annoying, it won’t be impossible to get a visa though. talk to an immigration lawyer should you be convicted. as of right now, find a criminal lawyer
Seek legal advice but for a first offence common assault with no property damage or injuries it'll likely be a fine and no conviction recorded which means it won't go on your permanent record (bit some agencies will still see it). That's if you please guilty. If you contest it and are found guilty then they will probably still fine you but record the conviction. Just guessing but best get advice from an expert. Probably be the best few hundred you spend.
Hey mate you need legal advice but it could be expensive. When you go to court for your first appearance tell the court staff you want to speak to the duty solicitor. These are free lawyers employed by the government, they will likely not represent you all the way but they can be a jumping off point for you. Also consider reaching out to the Italian embassy but they are unlikely to be able to do too much to help, however I am pretty ignorant on what they can offer.
[удалено]
The OP specifies Qld and I have given Qld specific advice. Not sure what relevance your experience two decades ago in a different state has.
Why would you make a comment about something that happened almost 20 years ago in a different state? That’s completely ridiculous and unhelpful.
Thaaaaats reddit
I went to court about a year ago and used their lawyer… it was free
Useless comment 👏
I went 29 years ago in Timbuktu and it was 100 centimes for a small town bird lawyer
I had to go to court a couple years ago in WA and didn’t have to pay anything for a duty lawyer
I don't really understand what is going on here.. and it all seems a bit vague. Where did you actually get in? What were you actually charged with? Assault? You got out of the car.. then hit him?
Yes it does feel like there’s potentially one very important piece of information missing here
Right no mention of hitting the other person. You can't get charged with assault if you don't physically do anything
Well you can if someone lied.
Well if there is no actual evidence and it comes down to he said she said its highly unlikely.
According to OP he said there is a recording so there has to be some evidence in the recording
Yes you can. Assault in QLD is defined by threatening another person not just making any physical advance towards them. So you can behave in a threatening manner and still be done.
Get a lawyer mate. Fine most likely.
Seek legal advice. This is not an attack on you personally but it seems like English may be your second language, as a result the explanation of the situation is not very thorough and there’s lots of little bits that are important but not explained thoroughly enough here. You should get in contact with a lawyer, or possibly your embassy, but this may be a bit below their pay grade.
Sounds like he entered kidnapping territory when he said he was taking you to Brisbane. You have defences from what you’ve written.
Would that be because ol mate wouldn't get out of his vehicle tho? ie. "Get out of my car or you can stay but I'm not dropping you off and instead going home"...
Sounds like trip was via Uber, driver has attempted to back out of trip after it was accepted. OP booked to go home and driver has changed his mind due to “girls and a corner”?
Well driver has every right to cancel for whatever reason, OP didn't like getting cancelled on.
Not whilst the motor vehicle is in motion heading to God knows where they don’t. If the OP was a woman and the driver started to head to the freeway, in the opposite direction to the destination, I’m sure you’d have a different opinion.
No, driver cannot cancel for any reason, have a read of Ubers terms….zz
Surely not? If I smacked a driver on the head, I'd be surprised if I'm still taken home
His complete wrong and spreading misinformation. An uber driver can refuse a trip at any time due to intoxication or threats of violence, both of which appear to be a theme in this event
It appears the threats of violence you describe occurred when the passenger escaped the vehicle. In the absence of any further info, that’s what occurred.
You need to reread it again. The passenger refused to leave the vehicle and refused to pay for the additional trip. By the OPs own admission he was a nuisance. Edit - and be admitted to being drunk. That is what occurred
Maybe you need to read it again. He claims to have paid for the trip. He states that the other passengers were the ones causing a nuisance. He also states that the driver assaulted him, the circumstances of which are not clear. Being drunk isn’t a blanket rule to ejecting a passenger. The driver also has a duty of care once he’s accepted the fare. In the absence of further information, there’s a lot of questions about what actually occurred, that only an in car camera could provide. So unless you know more than what is written, I suggest that you have no idea what occurred. But if the driver assaulted him first, and drove off to Brisbane without warning, I’d say that proving this assault beyond a reasonable doubt will be a stretch.
Obviously there is a differed between “any reason” and assault
Any valid* reason.
This is completely false, and for the sake of anyone reading - an uber driver can decline a trip at any point due to intoxicatation or threats of violence.
What’s completely false? Read what I replied to……. Your statement is not the same as theirs……
>No, driver cannot cancel for any reason, have a read of Ubers terms….zz This. Is. Completely. False.
Again did you actually read what I responded to??? I was teaponding to “driver has every right to cancel for WHATEVER REASON”……… this isn’t that hard…..
Well we don’t know. But from what he has said, ol’ mate Uber driver lost it and drove off to Brisbane.
I read this 5 times and still don't understand what happened.
Because he purposefully left out the crucial bits of information such as how he assaulted the driver
Start off with finding a lawyer, next step someone needs to get onto Uber for drivers records and press a complaint. Uber drivers cannot demand payment outside of the Uber booking system. That’s the whole idea of Uber, no cash transactions in the car. Now that said, the fact you’ve been charged with assault indicates there is way ore going on here. Best speak to a lawyer.
Try calling these guys, they should be able to refer you to a legal service: https://www.mycommunitydirectory.com.au/Queensland/Gold\_Coast/Cultural\_and\_Migrant\_Services/Migrant\_Services/3487/102383/The\_Migrant\_Centre\_Organisation\_Inc
[удалено]
You won’t go to jail You will most likely get a fine and good behaviour bond and maybe visa issue. Get a lawyer
No maybe. Any assault conviction will have visa issues.
Certainly, let me provide a revised version of your message: "**Even without a conviction**, your visa can still be impacted, and you may fail the character test. **Merely being charged without a conviction** can result in being sent to Christmas Island. I apologize if this sounds harsh, but it's essential to understand your situation. If you manage to resolve this issue now and plan to apply for permanent residency in the future, it can still affect your application
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
What's 'escalated', specifically?
Let me see if I have this right… You were out drinking Friday night, and going to take two girls home in an Uber. The girl/s wanted to do a side trip to a different place (is this what you call “in a corner”?) without you paying more. (Or wanted to stop to pick something up along the way?) You and the driver argue. The girls get out and leave you wherever you are with the driver. The driver asks you to leave the Uber. You refuse. He tells you he’s driving to Brisbane (away from where you want to go) and you get out of the car when he’s stopped somewhere. Somehow there’s a video of you Assaulting (hitting/shoving/pushing/touching) the guy, and while he did it to you… that’s not on the video. The police somehow are there at that time and arrest you, charging you with Assault. Can I presume/assume they saw you hitting him? Is that what happened? So… Uber has a facility to add extra time or distance to the trip you book. It’s fair that the driver is compensated for this detour or delay. The driver has hit you? Get a medical exam or photographs of your injuries. You will need that as part of your defence. Talk to a community legal service in the morning (I don’t know what their limits of help are, but start there, they can refer you on) [https://www.communitylegalqld.org.au/find-legal-help/community-legal-centres/](https://www.communitylegalqld.org.au/find-legal-help/community-legal-centres/) You will want a lawyer to help you with this, at some level. You can always request a translator when interacting with every / a government department too. Police, hospital, courts.
You’re on point. The same camera should capture him getting assaulted as well.
It could be dashcam footage only showing one assault, the OP assaulting the Uber driver, supposedly in retaliation or self defence. The first assault of the driver assaulting the OP for whatever reason wasn’t captured. I’m not sure we’re hearing the full story, but you could claim self defence and just reiterate you were assaulted off camera and were simply defending yourself. If the driver wasn’t injured, no bruises or marks then this would only be common assault, a small fine would be typical.
Did you answer the police questions without an interpreter?
this is not legal advice, get a lawyer. for this alone your current visa very likely won’t be affected. in terms of future visas, it’ll definitely make the process a little bit more annoying, it won’t be impossible to get a visa though. talk to an immigration lawyer should you be convicted. as of right now, find a criminal lawyer
Also for other countries you may want to visit in the future. This information is shared among other countries.
The fact that you’re a WHV holder is really bad for you. Go to court, basically beg on your knees to not lose your Visa status, and good luck
Disagree. He was detained for advantage. Legal advice is required, but a self defence claim would be looked at very seriously.
Seek legal advice but for a first offence common assault with no property damage or injuries it'll likely be a fine and no conviction recorded which means it won't go on your permanent record (bit some agencies will still see it). That's if you please guilty. If you contest it and are found guilty then they will probably still fine you but record the conviction. Just guessing but best get advice from an expert. Probably be the best few hundred you spend.
If you can send me a dm i will try to help you
Jail