I appeared at Brisbane Magistrates Court again on Monday to represent a client charged with Dangerous Operation of a Motor Vehicle Whilst Adversely Affected by an Intoxicating Substance.
Also known as Dangerous Driving while Under the Influence of Liquor, or Dangerous Drink Driving.
Unlike DUI, Dangerous Operation of a Motor Vehicle is a Criminal Offence, carrying with it a Criminal Conviction.
DUI Drink Driving carries a Traffic Conviction only, not a Criminal Conviction.
Accordingly, in addition to getting the disqualification down as low as possible, my job was one of also trying to persuade the Magistrate not to record a Criminal Conviction.
My client was also charged with Assault Police, given they shoved one of the arresting officers in the chest.
My client collided with multiple road signs, before continuing on with their journey, leaving a trail of engine oil and debris.
My client was intercepted some time later, and found to have a blood alcohol concentration of 0.195.
For the Dangerous Driving whilst 0.195 offence, my client faced a maximum penalty of 5 years imprisonment, 400 penalty units, and a lifetime driver's licence disqualification.
For Assault Police, my client faced a further 6 months imprisonment, and 40 penalty units.
A penalty unit in Queensland is currently valued at $113.85.
Further, persons who plead or are 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.
When deciding how to deal with persons in my client's situation, the courts have a number of options available.
A suspended term of imprisonment means that the client does not actually go to jail, but the term of imprisonment hangs over their head for a set period.
If the person returns to court for any other offence punishable by imprisonment during the set period, which a lot of seemingly minor offences are, the Magistrate has 2 options.
The Magistrate can either extend the length of the suspension period, in other words extend the period during which the term of imprisonment hangs over the person’s head, or activate the term of imprisonment.
Alternate to a suspended term of imprisonment, the Magistrate can hand down an intensive correction order, impose a term of imprisonment with immediate parole, or incarcerate the person by physically sending them to jail for a period.
An intensive correction order is a form of imprisonment which is served within the community.
Persons on an intensive correction order must report to the Probation & Parole office during their ordered period, and comply with any directions given.
If a person breaches an intensive correction order, by committing another offence or failing to comply with any given directions, they will be brought back before the court and resentenced for their original offence.
Imprisonment with immediate parole means that the client does not physically go to jail, but technically according to their record they did, however their court date is their release date.
Persons on parole must also report to the Probation & Parole office during their set parole period.
If a person breaches parole, by committing another offence or failing to comply with any directions, they will be immediately imprisoned for the remainder of their prison term.
The Magistrate also has the option of simply sending an offender straight to jail.
On the flip side, however, the Magistrate can hand down a period of Probation, which unlike the abovementioned alternatives, is more a supervisory order, than an order of punishment as such.
I made detailed and comprehensive verbal submissions to the Magistrate.
I also prepared extensive written submission of the relevant case law and legislation.
I had my client obtain multiple character references, based on a template which I had earlier provided.
I had my client attend a reformatory course, which went some way to show the Magistrate that my client was serious about educating themselves on the error of their ways.
I was able to persuade the Magistrate that a Probation order was appropriate, as opposed to anything more sinister.
Accordingly, my client received no form of imprisonment, custodial or otherwise.
I was also able to persuade the Magistrate not to record criminal convictions for either offence.
My client received a 10 month driver's licence disqualification and a 12 month Probation order, with No Convictions Recorded.
Needless to say, my client was extremely relieved.
Wiseman Lawyers specialise in Dangerous Driving, 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.