I appeared at Beenleigh Magistrates Court again this morning to represent a client charged with Evade Police and Repeat Disqualified Driving.
My client, while riding a motorbike on a disqualified licence, performed a shoulder check when Police activated lights and sirens, before accelerating and riding away out of Police view.
For their Repeat Disqualified Driving offence, my client faced a maximum penalty of 18 months imprisonment, 60 penalty units and a lifetime driver’s licence disqualification.
For the Evade Police charge, my client faced a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
My client also faced a Mandatory Minimum licence disqualification of no less than 2 years per offence.
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.
Disqualified Driving amounts to a contempt of court offence, given the offence results from a person being specifically ordered not to drive, and then in direct breach of that order, they drive anyway.
The courts are very quick to imprison persons who repeatedly breach orders of the court.
My client's Evade Police attempt further aggravated the seriousness of the matter.
When deciding how to deal with a Repeat Disqualified Driving offender, the courts have a number of options available.
A suspended term of imprisonment means that the client does not actually go to jail, but the term of imprisonment hangs over their head for a set period.
If the person returns to court for any other offence punishable by imprisonment during the set period, which a lot of seemingly minor offences are, the Magistrate has 2 options.
The Magistrate can either extend the length of the suspension period, in other words extend the period during which the term of imprisonment hangs over the person’s head, or activate the term of imprisonment.
Alternate to a suspended term of imprisonment, the Magistrate can hand down an intensive correction order, impose a term of imprisonment with immediate parole, or incarcerate the person by physically sending them to jail for a period.
An intensive correction order is a form of imprisonment which is served within the community.
Persons on an intensive correction order must report to the Probation & Parole office during their ordered period, and comply with any directions given.
If a person breaches an intensive correction order, by committing another offence or failing to comply with any given directions, they will be brought back before the court and resentenced for their original offence.
Imprisonment with immediate parole means that the client does not physically go to jail, but technically according to their record they did, however their court date is their release date.
Persons on parole must also report to the Probation & Parole office during their set parole period.
If a person breaches parole, by committing another offence or failing to comply with any given directions, they will be immediately imprisoned for the remainder of their prison term.
The Magistrate also has the option of simply handing down a further disqualification and fine.
I drafted detailed and comprehensive written submissions of the relevant legislation and case law.
I drafted substantial Affidavit materials for my client to sign which spelled out in detail the lessons which they told me they had learned.
I made comprehensive verbal submissions to the Magistrate.
I had my client obtain multiple character references, based on a template which I had earlier provided.
I had my client attend a reformatory course which went some way to show the Magistrate that my client was serious about educating themself on the error of their ways.
I was able to persuade the Magistrate that licence disqualifications and fines only were appropriate.
My client received the Mandatory Minimum 2 year disqualification and fines only for each offence.
The two disqualifications were ordered to be served in parallel, meaning my client can apply to get their licence back in 2 years.
Needless to say, my client was extremely relieved.
Wiseman Lawyers specialise in Evade Police, Disqualified Driving, 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.