I appeared at Ipswich Magistrates Court again this morning to represent a client charged with Drug Driving, otherwise known as driving while Under the Influence of Liquor or a Drug.
My client was under the influence of Heroin.
My client was also charged with Possessing Dangerous Drugs and Failing to Take Reasonable Care & Precautions in Respect of Syringe or Needle.
Whilst my client did not have any history of Drug Driving or DUI Drink Driving, given they had their 2 young children in the car, and given they were under the influence of Heroin, my client faced the very real possibility of some form of imprisonment.
Accordingly, as much as my job was one of getting the disqualification period down as low as possible, it was also one of endeavouring to ensure a disqualification and fine only were all that was handed down.
When a Magistrate wishes to hand down a term of imprisonment, it can come in any one of 4 formats, being either a suspended term of imprisonment, an intensive correction order, imprisonment with immediate parole, or actual custody.
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.
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 given directions, they will be immediately imprisoned for the remainder of their prison term.
Obviously actual custody means the person actually goes to jail.
My client faced a maximum penalty for their Drug Driving offence of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
For Possessing Dangerous Drugs, my client faced an additional maximum penalty of 15 years imprisonment.
For Failing to Take Reasonable Care & Precautions in Respect of Syringe or Needle, my client faced an additional maximum penalty of 2 years imprisonment.
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 $107.10.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Given the very real risk of imprisonment, I prepared detailed and comprehensive written submissions of the relevant legislation and case law.
I had my client attend upon a court recognised Psychologist, for the purpose of obtaining a court sanctioned pre-sentencing Psychological report.
I drafted lengthy Affidavit materials which drilled down into my client’s background, as well as the underlying issues which led to their offending.
I had my client obtain multiple character references, based on a template which I had earlier provided.
I addressed the Magistrate at length about why I believed a term of imprisonment was not appropriate.
I was able to persuade the Magistrate not to imprison my client, and that a disqualification of no more than 6 months was appropriate.
My client received a 6 month licence disqualification and fines totalling $1800 only.
Needless to say, my client was extremely relieved.
Wiseman Lawyers specialise in Drug 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:
- Third High Range DUI Drink Driving in 5 Years 0.242 0.187 & 0.152
- Dangerous DUI Drink Driving 0.286 With Collision & Prior 0.245 & 0.178
- Careless Driving With High Speed Collision & Multiple Injuries
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.