I drove to Holland Park Magistrates Court recently to represent a client charged with 2 counts of Repeat Disqualified Driving.
These were my client's Fifth and Sixth Disqualified Driving charges, being his Eighth and Ninth Unlicensed Driving type offences.
It is not unusual for Magistrates to hand down suspended terms of imprisonment to unrepresented or inadequately represented second time Disqualified Drivers.
A suspended term of imprisonment means the prison terms hangs over your head for a set period of time, and then drops down and activates if you come back before the courts for any other offence during that period.
On the two previous occasions (I was not acting for him) my client received terms of actual imprisonment, meaning he actually went to jail.
In 2006, the client was sentenced to 6 months imprisonment with Immediate Parole.
Immediate Parole means technically you went to jail, but your court date is your release date, so you don't physically go to jail.
In 2007, the client was sentenced to 9 months imprisonment, suspended after actually serving 2 months.
So in 2007, the client actually went to prison for 2 months, and then the remaining 7 months hung over his head for 18 months.
In 2008, the client was again sentenced to 12 months imprisonment, with Immediate Parole.
In 2010, the client was sentenced to 14 months imprisonment, with Parole after 4 months.
So in 2010, the client again actually went to prison for 4 months, and then had to report to Probation and Parole throughout the remaining 10 months.
So this client had previously served a total of 6 months actual imprisonment, and here he was, once again, facing 2 more charges of Disqualified Driving.
Needless to say, I had my work cut out for me.
This was not a case of me keeping him out of jail, jail was a certainty, this was about me getting the jail term down as low as possible.
Ordinarily, it is extremely difficult to get a length of imprisonment shorter than that which has been handed down previously.
That said, I am not here to hold your hand, I am here to put the boot in and go in guns blazing.
The client faced a maximum penalty of 18 months actual imprisonment, a 5 year licence disqualification and 60 penalty units.
At the time of writing this, a penalty unit in Queensland is worth $113.85.
Given the very high risk of a lengthy term of actual imprisonment, I prepared lengthy and detailed written submissions summarising the relevant case law.
I also prepared detailed and comprehensive verbal submissions.
I spoke at length about the hardships which the client’s new bride and soon to be born child, who were Chinese nationals still living in China, would suffer if he was to receive a lengthy term of actual term of imprisonment.
I was able to persuade the Magistrate to only imprison my client for 21 days.
For the first offence, my client received 9 months imprisonment wholly suspended for 18 months.
For the second offence, my client received 10 months imprisonment, with Parole after 21 days.
My client and his family were obviously very happy with the outcome.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352 Email: andrew.wiseman@wisemanlawyers.com.au
Click here to read about other clients I have helped:
- Careless Driving Without Due Care & Attention With Collision
- How to Apply For a Special Hardship Licence
- High Range DUI Drink Driving With Collision
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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.