I appeared at Wynnum Magistrates Court again this morning to represent a client charged with High Range DUI Drink Driving, with a blood alcohol concentration of 0.196.
My client had previously been charged with High Range Drink Driving in 2010, as well as Low Range DUI in 2008.
That said, my client had not 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.
Given the offending had occurred within a relatively short time frame, my client faced the very real risk of imprisonment.
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.
Working in hospitality, my client would have suffered a prolonged period of unemployment if they were to receive a lengthy disqualification.
I made detailed and lengthy verbal submissions to the Magistrate on the impact which a long disqualification would have had upon my client's home life.
I also drafted detailed written submissions of the relevant case law and legislation.
I made forceful submissions to the Magistrate that an order of Probation would be a more appropriate way of dealing with my client's underlying issues than a term of imprisonment.
Probation basically means that a person must regularly report to the Probation office for a set period, and engage in any recommended counselling or alcohol addiction treatment as required.
Probation is less a punishment and more a supervisory order.
Probation basically allows the court to supervise the progress of a person’s rehabilitation.
I was able to persuade the Magistrate that a disqualification of no more than 12 months was appropriate.
My client received a 12 month driver's licence disqualification, and 12 months Probation.
My client was naturally quite relieved.
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:
- 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.