I appeared at Pine Rivers Magistrates Court again this morning, representing a client charged with High Range Drink Driving, with a blood alcohol concentration of 0.189.
My client was actually charged with both Driving Under the Influence of Liquor, and Failing to Provide a Specimen of Breath.
A roadside specimen was provided, but my client refused to provide a formal breath sample at the Police Station.
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 a School Teacher, 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 for the Driving Under the Influence of Liquor charge of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
My client faced a further maximum penalty for the Fail to Provide Specimen of Breath charge of an additional 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 written submissions to Police Prosecutions prior to today's court appearance on why my client should be charged with one charge only, rather than both.
My submissions were accepted, and the Drive Under the Influence of Liquor charge was withdrawn.
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 9 months was appropriate.
I was also able to persuade the Magistrate not to record a conviction.
My client received an 9 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.