I appeared at Cairns Magistrates Court again recently, representing a client charged with DUI Drink Driving whilst Unlicensed.
Basically, an unlicensed person is treated as if they are a P plater, for the purposes of the DUI legislation.
In other words, if you are found to be driving unlicensed, you are expected to have a blood alcohol concentration of zero.
My client forgot to renew their licence, and was intercepted with a blood alcohol concentration of 0.028.
My client was a first time offender.
However, given my client was unlicensed when intercepted, they were not eligible to apply for a Work Licence.
To be eligible to apply for a Work Licence, an applicant needs to have been the holder of a valid Queensland licence when charged.
My client needed 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.
My client faced a maximum penalty for their DUI Drink Driving offence of a lifetime driver’s licence disqualification, 3 months imprisonment and 14 penalty units.
Unlicensed drivers also face a Mandatory Minimum licence disqualification of no less than 3 months.
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 $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.
My client held grave concerns regarding the recording of a conviction.
I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I was able to persuade the Magistrate that a licence disqualification of no more than the Mandatory Minimum 3 months was appropriate.
I was also able to persuade the Magistrate not to record a conviction.
My client received a 3 month disqualification and a modest fine only, with 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.