I flew up to Mackay Magistrates Court this morning to represent a client charged with Mid Range DUI Drink Driving with a blood alcohol concentration of 0.143.
The client was a first time offender.
The client was eligible to apply for a DUI Drink Driving Work Licence.
However, given he was a multimillionaire owner of a company with a $5 million per annum turn over, it would have been highly inappropriate and unethical for me to try to persuade the Magistate that he would suffer extreme and severe financial hardship if he were to lose his licence.
Accordingly, my job was one of getting the licence disqualification down as low as possible.
The maximum penalty faced by my client for his DUI Drink Driving charge was a 12 month licence disqualification, 9 months imprisonment and 28 penalty units.
At the time of writing, a penalty unit in Queensland is worth $113.85.
Further to these DUI Drink Driving penalties, all persons pleading or being found guilty in the Magistrates Court must pay the Offender Levy, which is currently worth $107.10.
Although imprisonment is technically a potential penalty, for a first time offender with this reading, the reality is it is not an expected outcome.
I made solid submissions to the Magistrate with regard to the difficulties which my client's business would suffer if a lengthy disqualification was imposed. despite the fact that he could afford to pay a dedicated driver.
I handed up a number of character references which were based on a template which I had earlier supplied to the client.
I was able to convince the Magistrate that a disqualification of no more than 6 months and a modest fine were appropriate
My client was very pleased.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352 Email: andrew.wiseman@wisemanlawyers.com.au
Click here to read about other clients I have helped:
- Careless Driving Without Due Care & Attention With Collision
- How to Apply For a Special Hardship Licence
- High Range DUI Drink Driving With Collision
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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.