I flew back up to Cairns Magistrates Court again on Friday, to represent a client charged with Mid Range DUI Drink Driving.
My client was found to have a blood alcohol concentration of 0.114.
Whilst my client was eligible to apply for a DUI Drink Driving Work Licence, they chose not to apply.
To be eligible, a person must have been the holder of a valid open Queensland driver's licence when intercepted, and must not have lost their licence for any other reason within the last 5 years.
That said, my client still did need to drive to locations not properly serviced by public transport or at all.
Accordingly, my role was one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.
Further, given my client's profession, they held concerns with regard to the recording of a conviction.
My client faced a maximum penalty for their DUI Drink Driving offence of a 12 month driver’s licence disqualification, 6 months imprisonment and 20 penalty units.
That said, section 187 of the Penalties & Sentences Act allows Magistrates to hand down lifetime driver's licence disqualifications.
The Mandatory Minimum licence disqualification for Mid Range is 3 months.
A penalty unit in Queensland is currently valued at $121.90.
Further, persons who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $114.80.
I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I made forceful submissions regarding whether or not a conviction should be recorded.
I was able to persuade the Magistrate that a licence disqualification of no more than 3 months was appropriate.
My client received the Mandatory Minimum 3 months and a modest fine.
I was also able to persuade the Magistrate that it was appropriate that there be No Conviction Recorded.
My client was extremely happy.
DUI Drink Driving 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
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.