I flew back up to Atherton Magistrates Court again yesterday, via Cairns, to represent a client charged with High Range Drink Driving, with a blood alcohol concentration of 0.218.
This was my client's first offence of this type.
Given my client blew High Range, they were not eligible to apply for a Drink Driving Work Licence.
My client faced a maximum penalty of 9 months imprisonment, a lifetime licence disqualification and 28 penalty units.
A penalty unit in Queensland is currently worth $121.90.
In addition to this, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $114.80.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
My client's employment required they transport themselves to locations not properly serviced by public transport, or at all.
My client held grave concerns with regard to the recording of a conviction, for a number of reasons.
I made detailed and lengthy verbal submissions to the Magistrate on why my client should be treated differently to most persons in their situation.
I also drafted detailed written submissions of the relevant case law and legislation.
I made detailed and lengthy submissions on why a conviction should not be recorded, in this instance.
I was able to persuade the Magistrate that a disqualification of no more than 9 months was appropriate.
My client received a 9 month driver's licence disqualification and a modest fine.
I was further able to persuade the Magistrate that it was appropriate to order that there be No Conviction Recorded.
My client was extremely relieved.
DUI is a serious offence.
Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
Wiseman Lawyers on ABC Radio: MP Billy Gordon's DUI Drink Driving
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.