I appeared at Brisbane Magistrates Court this morning representing a client charged with Low Range DUI Drink Driving with a blood alcohol concentration of 0.072.
The client was a first time offender who had not previously lost his licence within the last 5 years.
He was therefore eligible to apply for a Work Licence, and that is what I was instructed to do.
The client was a self-employed Insurance Underwriter who lives on the Gold Coast and works in Brisbane City.
A loss of licence would not only have made it hard for him to get to and from work, but also to and from clients and potential clients.
The client faced a maximum penalty of 9 months imprisonment and 28 penalty units.
The maximum 9 month licence disqualification is doubled to 18 months when a DUI Drink Driving Work Licence is applied for.
A penalty unit in Queensland is currently worth $113.85.
In addition to this, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $107.10.
I drafted a 10 page Affidavit in support of the DUI Drink Driving Work Licence application.
The Affidavit covered a number of matters, including the client’s business financials, given he was self-employed.
I also made detailed verbal submissions to the Magistrate covering a number of key issues.
I was able to persuade the Magistrate to grant my client’s DUI Drink Driving Work Licence application.
My client received a 6 week driver’ licence disqualification and a $500 fine.
The Work Licence order overlaps the 6 week disqualification period, allowing my client to continue driving for work purposes only.
So for work purposes, the client effectively has not lost his licence.
My client was quite 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.