I appeared at Brisbane Magistrates Court again this morning to represent a client charged with Mid Range DUI Drink Driving on a Learner Licence, with a blood alcohol concentration of 0.121.
My client was a first time offender.
Given my client was not the holder of an Open Licence, they were not eligible to apply for a Work Licence.
That said, given my client was in the Australian Regular Army, he held grave concerns with regard to the recording of a conviction.
My client was due to re-deploy to Afghanistan, and a recorded conviction would have impacted upon his ability to do this, along with any future deployment or promotion opportunities.
My role was therefore one of trying to persuade the Magistrate not to record a conviction.
My client faced a maximum penalty for his DUI Drink Driving offence of a 12 month ban from driving, 9 months imprisonment and 28 penalty units.
A penalty unit in Queensland is currently valued at $113.85.
Further, persons who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $107.10.
I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I provided documentation to the Magistrate supporting submissions which I made in relation to why a conviction should not be recorded.
I was able to persuade the Magistrate that a driving ban of no more than 5 months was appropriate.
I was also able to persuade the Magistrate not to record a conviction.
My client received a 5 month driver’s licence disqualification, a $600 fine and No Conviction Recorded.
My client was extremely relieved.
DUI Drink Driving is a serious offence.
Wiseman Lawyers specialise in 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.