I recently appeared at Ipswich Magistrates Court representing a client charged with Drug Driving, also known as Driving While Relevant Drug is Present in Blood or Saliva, or Driving With Relevant Drug Present.
In 2010, my client received 3 months imprisonment wholly suspended for 12 months, for his fourth DUI Drink Driving charge within a very short period.
Whilst this was my client's first Drug Driving offence, as Drug Driving and Drink Driving are classed as the same type of offending, effectively this was his Fifth charge.
Given he received a suspended term of imprisonment last time, my job on this occasion was as much about keeping my client out of jail as it was saving his licence.
My client faced a maximum penalty of a 12 month driver’s licence disqualification, 3 months imprisonment and 14 penalty units.
At the time of writing this, a penalty unit in Queensland is worth $113.85.
Given the stakes were so high regarding the very real risk of imprisonment, I prepared detailed and lengthy written submissions summarising the relevant case law.
I also prepared detail oral submissions.
I had my client attend a reformatory course which went some way to convince the Magistrate that my client had turned over a new leaf, pardon the pun.
I had earlier provided my client with a character reference template to guide his referees through what the Magistrate needed to hear.
I spoke at length about the impact which both a term of imprisonment and a lengthy licence disqualification would have upon my client and his family.
I was able to persuade the Magistrate to hand down a 3 month driver's licence disqualification and a fine only.
There was no imprisonment, suspended or otherwise.
My client was deeply 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:
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.