I appeared at Brisbane Magistrates Court this morning, representing a client charged with High Range Repeat DUI Drink Driving, with a blood alcohol concentration of 0.157.
As a Repeat DUI Drink Driving Offender, the client had been charged previously with blood alcohol concentrations of 0.170, 0.157. 0.090 and 0.07.
Fortunately for the client, none of the previous offending occurred within the last 5 years.
That said, he did still face the very real possibility of imprisonment, or at the very least Probation.
By Probation, I mean an order that the client report to Probation & Parole for a set period.
The client faced a maximum penalty of a lifetime loss of licence, 9 months imprisonment and 28 penalty units.
At the time of writing this, a penalty unit in Queensland is worth $113.85.
Given the seriousness of the matter, I prepared detailed verbal submissions.
I also had my client attend a reformatory course, and I drafted detailed Affidavit materials explaining to the Magistrate what my client had learned, among other things.
This went some way to convince the Magistrate of my client’s genuine efforts at rehabilitation.
I canvassed several issues when addressing the Magistrate, and I handed up numerous character references 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 8 months and a fine only was appropriate.
So, for my client’s Fifth DUI Drink Driving offence, being his Third High Range charge, I obtained an 8 month driver’s licence disqualification and a $750 fine.
Needless to say, my client and his partner were very happy with the outcome.
Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.
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
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.