I appeared at Cleveland Magistrates Court again this morning to represent a client charged with Repeat Drink Driving, with a blood alcohol concentration of 0.029 whilst on a permissible concentration of Zero.
My client had twice previously been charged with Low Range Drink Driving, firstly 6 years ago, and then again 1 year ago.
When a person gets their licence back after having served a court ordered disqualification, irrespective of how that disqualification came about, they must serve a 12 month Zero blood alcohol concentration period.
My client was self-represented when dealt with for their 2 previous charges, and therefore, there was no lawyer to reiterate the meaning and impact of the penalties handed to them, as I always do with each of my clients after court.
The law changed after my client's first offence, but prior to their second offence, from returning persons aged 25 and over to a permissible blood alcohol concentration of 0.05 after a court ordered disqualifiication, to one of Zero for 12 months.
Given my client had previously lost their licence within the last 5 years, they were not eligible to apply for a Work Licence.
As a Construction Labourer, my client needed to drive to locations not properly serviced by public transport or at all.
Accordingly, my role was one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.
My client faced a maximum penalty for their DUI offence of a lifetime driver’s licence disqualification, 1 year imprisonment and 30 penalty units.
My client faced a Mandatory Minimum licence disqualification of no less than 3 months.
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 $107.10.
I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I was able to persuade the Magistrate that a licence disqualification of no more than the Mandatory Minimum 3 months was appropriate.
My client received a 3 month driver’s licence disqualification, along with a modest fine.
My client was extremely happy.
DUI 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.