I appeared at Brisbane Magistrates Court again yesterday to represent a client charged with High Range Drink Driving, with a blood alcohol concentration of 0.225.
My client had also been charged with Careless Driving, otherwise known as Drive Without Due Care & Attention, as well as Fail to Comply With Duties of Driver Involved in a Crash.
My client had not lost their licence within the last 5 years.
However, given they blew High Range, they were not eligible to apply for a DUI Work Licence.
For the High Range DUI offence, my client faced a maximum penalty of 9 months imprisonment, a lifetime licence disqualification and 28 penalty units.
For Careless Driving, my client faced a further maximum penalty of 40 penalty units, 6 months imprisonment and a lifetime licence disqualification.
For Failing to Comply with their Duties After a Crash, my client faced an additional lifetime licence disqualification and 40 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to this, 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.
Being a Welder, my client needed to transport themself to locations not properly serviced by public transport, or at all.
I made detailed and lengthy verbal submissions to the Magistrate on the impact which a long disqualification would have had upon my client's well being and lifestyle.
I also drafted detailed written submissions of the relevant case law and legislation.
I prepared detailed Affidavit materials setting out the lessons learned at a reformatory course which I had my client attend.
I was able to persuade the Magistrate that a total disqualification for all offences of no more than 12 months was appropriate.
My client received a total 12 month driver's licence disqualification and modest fines.
My client was extremely relieved.
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:
%MCEPASTEBIN%%MCEPASTEBIN%
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.