Police arrested Joshua Nemecek after he was caught DUI Drink Driving but later charged him with making child pornography, News9 reports.
Nemecek was pulled over by officers for DUI Drink Driving but they allowed his friend, who suspected the man to be having an affair with his wife, drive his truck home. He found Nemecek’s phone inside the truck and went through it in search of evidence of the suspected affair. Instead, he found numerous pornographic photos of a little girl and notified the police.
His victim, a four-year-old girl, is the daughter of his ex-girlfriend. The mother explains that Nemecek started sleeping on the couch in the living room and always made her keep the bedroom door shut, enabling him to go into the little girl’s room at night without her knowing.
The two were together for three years and were engaged to be married. Now they are separated and hold a protective order against the offender.
Nemecek was charged with soliciting a minor to make child pornography and possession of child pornography.
Queenslanders charged with DUI Drink Driving, Drug Driving or Fail To Provide Specimen face a maximum penalty of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
Persons charged with Careless Driving (Drive Without Due Care & Attention) face a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 40 penalty units.
Queenslanders charged with Dangerous Driving, which is a Criminal offence, face a maximum penalty, depending upon the circumstances of aggravation, of 5 years imprisonment, 200 penalty units and a lifetime driver’s licence disqualification.
Persons charged with Disqualified Driving face a maximum penalty of a lifetime driver’s licence disqualification, 12 months imprisonment and 40 penalty units.
Queenslanders charged with Evade Police a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
Persons charged with Repeat DUI Drink Driving, Repeat Drug Driving, Repeat Fail To Provide Specimen, or a Repeat combination of these offences, face a maximum penalty of a lifetime driver’s licence disqualification, 18 months imprisonment and 60 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to the above penalties, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Wiseman Lawyers specialise in DUI Drink Driving, Drug Driving, Careless & Dangerous Driving, Evade Police and Drug, Alcohol & Traffic offences.