I appeared at Brisbane Magistrates Court again earlier this week representing a client charged with Drug Driving, otherwise known as Driving While Relevant Drug Is Present.
My client was found to have Methylamphetamine (Ice) in their system.
My client was a first time offender.
However, as my client's employer refused to sign a supporting Affidavit, they were not eligible to apply for a Drug Driving Work Licence.
Ordinarily I summons uncooperative employers to give evidence, meaning, I seek a court order that they are to appear at court and explain themselves.
If they ignore the court order and fail to appear, a warrant for their arrest is issued.
I have done this on numerous occasions, most notably in 2 separate matters involving high ranking local government officials.
However, given the employer was prepared to keep my client's position open until he was once again permitted to drive, this was not a course of action which my client was willing to take.
Accordingly, my role was one of getting the disqualification down as low as possible.
My client faced a maximum penalty for their Drug Driving offence of a lifetime driver’s licence disqualification, 3 months imprisonment and 14 penalty units.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
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.
I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I was able to persuade the Magistrate that a licence disqualification of no more than 8 weeks was appropriate.
My client received an 8 week driver’s licence disqualification, and a modest fine.
My client was extremely happy.
Drug Driving is a serious offence.
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:
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.