I appeared at Brisbane Magistrates Court again this morning to act for a client charged with Drink Driving, with a blood alcohol concentration of 0.141.
My client was previously charged with DUI 9 years earlier.
My client had not previously lost their licence within the 5 years prior.
My client was therefore eligible to apply for a Work Licence, and that is what I was instructed to do.
My client was a Hospitality Manager.
My client’s role required that they attend their place of employment outside of normal public transport hours.
Given my client was climbing up their employer's corporate ladder, they held grave concerns with regard to the recording of a conviction.
My client faced a maximum penalty of a lifetime driver's licence disqualification, 3 months imprisonment and 14 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 $110.90.
I drafted a 10 page Affidavit in support of my client’s DUI Work Licence application.
I covered a number of matters in the Affidavit materials, including the financial liabilities which would not be met if my client lost their income.
I also drafted a lengthy Affidavit for their employer to sign.
I had my client attend a reformatory course which went some way to show the Magistrate that my client had educated themselves on the error of their ways.
I also made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I provided 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.
I was also able to persuade the Magistrate not to record a conviction.
The Work Licence allows my client to continue driving for work purposes only.
So for work purposes, my client effectively has not lost their licence.
My client was very happy with the outcome.
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.