I drove to Holland Park Magistrates Court this morning to represent a client charged with Low Range DUI Drink Driving with a blood alcohol concentration of 0.062.
The client was a first time offender who had not previously lost his licence within the last 5 years.
Ordinarily he would have been eligible to apply for a DUI Drink Driving Work Licence, however, given he is not the holder of a Queensland licence, this is not the case.
The client actually lives in Hong Kong and was in Australia visiting relatives.
He had since returned to Hong Kong, so I requested my client be permitted to appear by telephone, with my physical appearance at the courthouse.
My request was granted, however, I was further able to persuade the Magistrate to hear the matter in the client’s complete absence, given I was personally in appearance.
The client faced a maximum penalty of a 9 month licence disqualification, 9 months imprisonment and 28 penalty units.
At the time of writing this, a penalty unit in Queensland is worth $113.85.
Further, all persons pleading or being found guilty in the Magistrates Court must pay the Offender Levy, which at the time of writing is worth $107.10.
Whilst imprisonment is technically a potential penalty, practically it is not.
Given my client is not in Australia, I was not able to have him attend the reformatory courses which I normally have clients attend, and given he engaged us at the last minute, I did not have any character references to hand up.
That said, I did prepare detailed oral submissions, particularly with regard to the impact which a recorded conviction would have upon my client.
I was able to persuade the Magistrate to hand down the mandatory minimum 1 month disqualification.
The Magistrate was persuaded that it was appropriate for there to be No Conviction Recorded.
Needless to say, my client was extremely happy.
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.