I appeared at Beenleigh Magistrates Court again this morning to act for a client charged with Drug Driving, specifically Driving While Relevant Drug is Present in Blood or Saliva.
My client was charged with driving with Cannabis in their system, as opposed to the more serious offence of driving whilst actually Under the Influence of a Drug.
My client was a first time offender.
My client had not previously lost their licence within the 5 years prior.
My client was therefore eligible to apply for a Drug Driving Work Licence, and that is what I was instructed to do.
My client was employed as a Labour Hire Worker.
My client’s role required that they attend locations not properly serviced by public transport, or at all.
My client faced a maximum penalty of a lifetime driver's licence disqualification, 3 months imprisonment and 14 penalty units.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
A penalty unit in Queensland is currently valued at $113.85.
Further, persons who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
I drafted a 10 page Affidavit in support of my client’s Drug Driving Work Licence application.
I covered a number of matters in the Affidavit materials, including the financial liabilities which would not be met if my client lost their income.
I also drafted a detailed Affidavit for my client's employer to sign, which set out the impact which a loss of licence would have upon my client's employment.
I also made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I was able to persuade the Magistrate to grant my client’s Drug Driving Work Licence application.
My client received a 2 month licence disqualification and a $600 fine.
The Work Licence order overlaps the 2 month disqualification period, allowing my client to continue driving for work purposes only, 24 hours per day 7 days per week.
So for work purposes, my client effectively has not lost their licence.
My client was very happy with the outcome.
Wiseman Lawyers specialise in Drug Driving, DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
Click here to read about other clients I have helped:
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.