I recently acted for a client who had been charged with Mid Range DUI Drink Driving.
He held an open Queensland licence and he had not previously lost his licence within the previous 5 years, so he was at first instance eligible to apply for a work licence.
This was his first DUI Drink Driving offence.
Simple eligibility does not equate to success, but at first instance, he was eligible to apply.
I arranged for him to attend classes to show the Magistrate that he had taken steps to educate himself on the potential consequences of his DUI Drink Driving mistake.
I also provided him with a character reference template to give to friends and work colleagues, to assist them in writing references which the Magistrate would want to read.
I drafted an 8 page Affidavit for his employer to sign, stating amongst other things that my client would lose his job if he lost his licence, along with a lengthier Affidavit for the client to sign.
HR Nightmare
I met the client at court and asked for the employer Affidavit.
He handed me a 1 paragraph page which was not the Affidavit which I had drafted.
My client worked for a large government organisation and the document which the client provided was signed by the HR Manager.
It simply stated that if the client lost his licence, his position would need to be re-evaluated.
Properly Sworn Affidavit
The work licence law is black and white on this, the document needs to be a properly sworn Affidavit, and it must state the black and white consequences of a loss of licence.
The employer cannot sit on the fence. I rang the HR Manager and had a heated 'what the?' conversation with him.
Evasive Drivel
He gave me all the usual HR evasive drivel avoided all of my questions, and refused to definitively state one way or another what would happen if my client lost his licence.
I adjourned the matter and spend the next 6 week trying to negotiate a suitable compromise, an Affidavit which would satisfy the law, but would also satisfy the HR Manager's desire for evasive language.
The HR Manager refused to budge, and his organisation's legal department even accused me of trying to intimidate him into signing a false document.
I played nice for as long as I could, but I was not going to let this person burn my client's work licence application.
Summons to Give Evidence
I had a Summons to Give Evidence personally served upon the HR Manager, at his work place, in front of his staff.
If a person fails to respond to such a Summons, a warrant is issued for their arrest.
Inadvertently Served it on a Platter
When I called the HR Manager to the stand to give evidence at the hearing, I asked him whether his organisation would continue to pay my client if he failed to attend work for 3 months.
The HR Manager continued to be evasive and dance around the question.
I asked him if his organisation would send a vehicle to collect him and drop him off each day.
He laughed and said 'of course not'.
I simply replied 'thank you, you can stop talking now'.
Successful DUI Work Licence Application
The Magistrate granted my client his work licence. She made a point of telling my client that if not for my 'doggedness' his application would most certainly have failed.
Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.
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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.