I appeared at Beenleigh Magistrates Court again this morning to act for a client charged with Mid Range Drink Driving, with a blood alcohol concentration of 0.103.
My client was a first time offender whom had not previously lost their licence within the last 5 years.
Accordingly, my client was eligible to apply for a Work Licence, and that is what I was instructed to do.
My client was employed as a Biologist.
A loss of licence would not only have made it hard for my client to get to and from work, but also to and from their numerous field work locations.
Given my client's association with the sciences, they held grave concerns with regard to the recording of a conviction.
My role was therefore also one of trying to persuade the Magistrate not to record a conviction.
My client faced a maximum penalty of 9 months imprisonment and 28 penalty units.
The maximum 12 month licence disqualification is doubled to 24 months when a DUI Work Licence is applied for.
A penalty unit in Queensland is presently valued at $113.85.
In addition to this, people who plead or are 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 my client’s DUI Drink Driving Work Licence application.
The Affidavit covered a number of matters, including the financial liabilities which would not be met if my client was to lose their income.
I drafted a further Affidavit for my client's employer to sign, setting out the impact which a loss of licence would have upon their ongoing role with the organisation.
I had my client attend a reformatory seminar, which went some way to satisfy the Magistrate that my client was a fit and proper person to be given a second chance.
I also made comprehensive verbal submissions to the Magistrate covering a number of key issues.
I made further submissions to the Magistrate in relation to why a conviction should not be recorded.
I was able to persuade the Magistrate to grant my client’s DUI Drink Driving Work Licence application.
My client received a 5 month driver’s licence disqualification, a $600 fine and No Conviction Recorded.
The Work Licence order overlaps the 5 month disqualification period, allowing my client to continue driving for work purposes only.
So for work purposes, my client effectively has not lost their licence.
My client was extremely relieved.
Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
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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.