As regular readers of this blog would know, I regularly represent repeat DUI Drink Driving offender clients who face the very high risk of imprisonment.
It goes without saying that repeat offenders usually have underlying issues which lead to this type of behaviour.
However, there is a fine line between legitimately painting yourself as a person who has let their demons get the better of them, and holding yourself out as some kind of victim.
I mean, let’s face it, DUI Drink Driving is a selfish act, which on a lot of occasions results in injury and death.
To present yourself at court as some kind of hard done by soul, to be said in the same sentence as your innocent fellow road users, would be an abhorrent insult to the court and the community at best.
That said, I am not trying to play down the very real underlying mental health and addiction issues which bring a lot of repeat DUI Drink Driving offenders to court.
I am simply saying tread carefully if you are going to pull the ‘I am a victim in all of this too’ card.
There is more than one way to skin a cat, and more than one way to put the Magistrate in the shoes of a client.
I obtain detailed and in depth instructions from all of my clients, but high jail risk clients in particular.
Where it is appropriate to do so, I will also obtain a pre-sentencing Psychological Report from a court approved Psychologist.
I will also draft lengthy and detailed written submissions which drill down into the underlying issues which keep bringing my clients back to court.
I also draft comprehensive written submissions of the relevant case law and legislation.
Once I appear at court with my client, however, these documents are relied upon in verbal submissions which I make in relation to explaining what has happened only, not justifying or excusing it.
So what I am saying is this - by all means bring your mental health or addiction issues to the court’s attention, but be very careful in the way that you do it.
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
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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.