I appeared at Brisbane Magistrates Court again this morning to represent a client charged with High Range DUI Drink Driving, with a blood alcohol concentration of 0.154.
My client was a first time offender, who had not previously lost their licence within the last 5 years.
However, given they blew High Range, they were not eligible to apply for a Work Licence.
My client faced a maximum penalty of 9 months imprisonment, a lifetime licence disqualification and 28 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to this, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $107.10.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Ordinarily, I achieve a 6-8 month disqualification for this level of offending.
Given my client’s employment as a Journalist, however, they held grave concerns with regard to the recording of a conviction, more so than with regard to the loss of their licence.
The particular Magistrate today almost always records convictions for High Range charges.
The Magistrate even stated, in response to my initial submissions, that there was no reason why my client should be treated any differently.
It was then that I took the ‘can’t have your cake and eat it too’ approach, and began to play down my client’s need for a licence, in the hope of ‘trading off’ disqualification time for the non-recording of a conviction.
I handed up detailed written submissions which I had earlier prepared in support of my argument that a conviction should not be recorded.
I also handed up case law and other documentary evidence.
I spoke at length about the difficulties which would be borne upon my client's career if a conviction was to be recorded.
Fortunately, I was able to persuade the Magistrate to re-evaluate their position and to not record a conviction.
My client received a 9 month driver's licence disqualification, a $1000 fine and No Conviction Recorded.
My client was understandably relieved.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
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
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.