I appeared at Brisbane Magistrates Court this morning to represent a client charged with Low Range DUI Drink Driving with a blood alcohol concentration of 0.058.
The client was a first time offender.
However, due to a Demerit Point Suspension within the previous 5 years, he was not eligible to apply for a DUI Drink Driving Work Licence.
Accordingly, my job was one of getting the licence disqualification down as low as possible.
The maximum penalty faced by my client was a 9 month licence disqualification, 9 months imprisonment and 28 penalty units.
At the time of writing, a penalty unit in Queensland is worth $113.85.
In addition to these penalties, all defendants pleading or being found guilty in the Magistrates Court must pay the Offender Levy, which as of today is worth $107.10.
Whilst imprisonment is technically a potential penalty, for a first time offender with this reading it is realistically not an expected outcome.
I made comprehensive submissions to the Magistrate with regard to the devastation which would be borne upon my client if a lengthy disqualification was imposed.
I also tendered several character references which were based on a template which I had earlier provided to the client.
I was successful in persuading the Magistrate that the mandatory minimum 1 month disqualification was appropriate, with a small fine.
My client was extremely relieved.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352 Email: andrew.wiseman@wisemanlawyers.com.au
Click here to read about other clients I have helped:
- Careless Driving Without Due Care & Attention With Collision
- How to Apply For a Special Hardship Licence
- High Range DUI Drink Driving With Collision
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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.