I appeared at Holland Park Magistrates Court again this afternoon to represent a client charged with Mid Range DUI Drink Driving, with a blood alcohol concentration of 0.128.
My client was also charged with exceeding the speed limit by more than 40 kilometres per hour.
My client had previously been charged with Dangerous Driving 6 years prior, for which he received a term of imprisonment with immediate parole (I was not acting then).
Imprisonment with immediate parole means technically you went to jail, but your court date is your parole release date, so you don't actually go to jail.
Given the High Speed offence will trigger a 6 month Queensland Transport suspension, my client was not eligible to apply for a Work Licence.
To be eligible to apply for a Work Licence, you cannot have lost your licence within the 5 years prior, and you must hold and maintain a valid licence during the Work Licence period.
So, technically, I could have successfully applied for a Work Licence today, but it would have been cancelled as soon as the High Speed conviction appeared on Queensland Transport’s system.
Accordingly, my role was one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.
Given my client's previous prison term, my job today was also one of making sure a further term of imprisonment was not handed down, with immediate parole or otherwise.
My client faced a maximum penalty for his DUI Drink Driving offence of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
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 written and verbal submissions to the Magistrate covering a number of key aspects.
I was able to persuade the Magistrate that further imprisonment was not appropriate, and that a licence disqualification of no more than 8 months was within range.
My client received an 8 month driver’s licence disqualification and a modest fine, and he did not receive a further term of imprisonment.
My client was extremely relieved.
DUI Drink Driving and Dangerous Driving are serious offences.
Wiseman Lawyers specialise in DUI Drink Driving, Dangerous 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.