I appeared at Beenleigh Magistrates Court again this morning, to represent a client charged with Unlicensed Driving Whilst SPER Suspended.
My client faced a Mandatory Minimum licence disqualification of no less than 1 month, with a lifetime maximum.
There is no provision for a work or hardship licence for persons charged with Unlicensed Driving.
Accordingly, my role was one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.
As an Accountant, my client needed to drive to locations not properly serviced by public transport, or at all.
Given my client was here on a visa, they held grave concerns with regard to the recording of a conviction.
My role was therefore also one of trying to persuade the Magistrate not to record a conviction.
My client faced a maximum penalty for their Unlicensed Driving offence of a lifetime driver’s licence disqualification, 1 year imprisonment and 40 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 made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I provided submissions to the Magistrate in relation to why a conviction should not be recorded.
I was able to persuade the Magistrate that a licence disqualification of no more than 1 month was appropriate.
I was also able to persuade the Magistrate not to record a conviction.
My client received a 1 month driver’s licence disqualification, a $500 fine and No Conviction Recorded.
Unlicensed Driving is a serious offence.
Wiseman Lawyers specialise in Unlicensed 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.