I appeared at Southport Magistrates Court again this morning to represent a client charged with Mid Range Drink Driving, with a blood alcohol concentration of 0.141.
Aggravating the charge was the fact that my client was a P plater, with a permissible blood alcohol concentration of zero.
Given they were a P plater, they were not eligible to apply for a DUI Work Licence.
My role was therefore one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.
As an Irrigation Installer, my client’s role required that they attend locations at short or no notice, outside of public transport hours.
Further, given my client intended to join the Military, 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 a lifetime driver’s licence disqualification, 6 months imprisonment and 20 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 made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I also drafted detailed written submissions of the relevant case law and legislation.
I provided submissions to the Magistrate in relation to why a conviction should not be recorded.
I was able to persuade the Magistrate that a licence disqualification of no more than 6 months was appropriate.
I was also able to persuade the Magistrate not to record a conviction.
My client received a 6 month driver’s licence disqualification, a modest fine and No Conviction Recorded.
My client was extremely happy.
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.