I drove to Beenleigh Magistrates Court recently to represent a client charged with Dangerous Operation of a Motor Vehicle Whilst Adversely Affected by an Intoxicating Substance.
My client was also charged with High Range DUI Drink Driving, with a blood alcohol concentration of 0.157.
That said, I was able to negotiate the removal of the DUI Drink Driving charge.
The client was a Repeat Offender, having been charged twice previously with DUI Drink Driving, with blood alcohol concentrations of 0.110 (in 2013) and 0.070 (in 2012).
The client faced Mandatory Imprisonment.
The relevant legislation states that when a person is charged with Dangerous Operation of a Motor Vehicle Whilst Adversely Affected, and that person has been charged twice previously with DUI Drink Driving, a term of imprisonment must be imposed.
The Magistrate has no discretion on this.
The client also collided with a parked car.
The client faced a maximum penalty of 5 years imprisonment, a lifetime loss of licence and 400 penalty units.
At the time of writing this, a penalty unit in Queensland is worth $113.85, so in addition to imprisonment, he faced a maximum fine of $45,540.00.
Given the Mandatory Imprisonment, my job was one of trying to persuade the Magistrate to either wholly suspend the term of imprisonment, or hand down a term of actual imprisonment with an immediate parole release date.
A term of wholly suspended imprisonment means you don’t actually go to jail, but the term of imprisonment is hanging over your head for a period determined by the Magistrate.
If you come back before the courts during that period the term of imprisonment is triggered.
Actual imprisonment with immediate parole means technically you have been to jail but the court date is your release date.
You must report to the parole board regularly during the period specified by the Magistrate.
Given both of these options would have meant my client would have avoided actual imprisonment, either would have been a good outcome.
However, I saw fit to push hard for a suspended term of imprisonment.
Given the very high risk of actual imprisonment, I prepared lengthy and detailed written submissions summarising the relevant case law.
I also prepared detailed and comprehensive verbal submissions.
I obtained a pre-sentencing Psychological Report on behalf of my client and tendered that also.
I spoke about at length about the difficulties which my client and his family would suffer if he was to receive an actual term of imprisonment.
I was able to persuade the Magistrate not to imprison my client.
My client received 18 months imprisonment wholly suspended for 3 years, an 18 month driver’s licence disqualification and an $800 fine.
So, in other words, my client did not go to prison.
Needless to say, my client was quite relieved.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352 Email: andrew.wiseman@wisemanlawyers.com.au
Click here to read about other clients I have helped:
- Careless Driving Without Due Care & Attention With Collision
- How to Apply For a Special Hardship Licence
- High Range DUI Drink Driving With Collision
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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.