I appeared at Brisbane Magistrates Court again last week, representing a client charged with High Range Drink Driving, with a blood alcohol concentration of 0.156.
My client was a first time offender who had not lost their licence within the last 5 years.
However, given they blew High Range, they were not eligible to apply for a DUI Work Licence.
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 was completing a law degree, with a genuine intention of seeking admission as a Solicitor, 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, 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 $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 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 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 8 months was appropriate.
I was also able to persuade the Magistrate not to record a conviction.
My client received an 8 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
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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.