I appeared at Southport Magistrates Court again recently, to represent a client charged with their third DUI Drink Driving offence in 5 years, as well as Careless Driving and driving a vehicle without an Interlock when required.
The offending occurred on a golf buggy in a golf course carpark.
In Queensland, a road is defined as any part of the surface of the earth which is publicly accessible by vehicle.
So footpaths, nature strips, driveways and most certainly golf courses and carparks fall within the legal definition of ‘roads and road related areas’.
A vehicle in Queensland is literally any rideable self-propelled device, everything from motorised Eskies to horses are at law ‘vehicles’ for the sake of the relevant legislation.
Although not self-propelled, the legislation has also been expanded to include bicycles.
So, despite the fact that my client was operating a golf buggy in a golf course car park, as opposed to a Holden Commodore down the M1, he was at law Drink Driving.
Basically, my client was driving the golf buggy in an erratic manner near pedestrians and other vehicles, with a blood alcohol concentration of 0.109%.
Given he had 2 previous convictions within the last 5 years, every vehicle which he operates within the first 12 months after regaining his licence needs to have an Interlock device installed.
Given my client had lost his licence within the 5 years prior, he was not eligible to apply for a Work Licence.
That said, given this was his third DUI offence in such a short time frame, and given it was coupled with a Careless Driving charge, my client did face the very real possibility of imprisonment.
Accordingly, my role was one of avoiding imprisonment, as well as getting the disqualifications down as low as possible, as opposed to applying for a Work Licence.
My client faced a maximum penalty for their DUI Drink Driving offence of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
For the Careless Driving charge, my client faced a maximum penalty of 6 months imprisonment, 40 penalty units and a lifetime licence disqualification.
For failing to have an Interlock device installed, my client faced a further lifetime driver’s licence disqualification and 28 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 $107.10.
I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I was able to persuade the Magistrate not to imprison my client.
My client received a 15 month driver’s licence disqualification and an $1800 fine.
My client was extremely relieved.
Wiseman Lawyers specialise in DUI Drink Driving, Careless Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
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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.