I appeared at Sandgate Magistrates Court again yesterday, representing a client charged with 2 separate counts of Repeat Disqualified Driving.
My client was also charged with Low Range DUI Drink Driving.
My client had previously been handed a wholly suspended term of imprisonment for Repeat Disqualified Driving.
Needless to say, I had my work cut out for me.
My client faced an extremely high likelihood of some form of imprisonment, some may have said it was a certainty.
Given the extremely high risk of imprisonment, I prepared detailed and comprehensive written submissions of the relevant legislation and case law.
I prepared further supplementary written submissions detailing the circumstances surrounding the current offence, as well as the situation which my client would be left in should they be sent prison.
I also addressed in detail the extensive steps which my client had taken since their last offence to reform, along with a comprehensive explanation on why this was not a traditional return to prior offending.
I prepared detailed Affidavit materials setting out, among other things, the lessons learned at a reformatory course which I had my client attend.
I had my client obtain multiple character references, based on a template which I had earlier provided.
I addressed the Magistrate at length on why I believed a term of imprisonment was not appropriate in this instance.
I was able to persuade the Magistrate that disqualifications and fines only were appropriate.
My client received no imprisonment, suspended or otherwise.
Needless to say, my client was extremely relieved.
Wiseman Lawyers specialise in Disqualified 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.