I drove up to Toowoomba Magistrates Court this morning to represent a client charged with High Range DUI Drink Driving with a blood alcohol concentration of 0.170.
The client was a first time offender.
The client was ineligible to apply for a DUI Drink Driving Work Licence, given his reading was higher than 0.149.
Accordingly, my job today was one of getting the licence disqualification down as low as possible.
The maximum penalty faced by my client for his DUI Drink Driving charge was a lifetime (otherwise known as absolute) licence disqualification, 9 months imprisonment and 28 penalty units.
As of today's date, a penalty unit in Queensland is worth $113.85.
In addition to the DUI Drink Driving penalties handed down by the Magistrate, anyone who pleads guilty or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $107.10.
While a term of imprisonment is technically a potential penalty, for a first time offender with this reading, such an outcome is highly unlikely.
I made comprehensive oral submissions to the Magistrate in relation to the difficulties which my client would suffer in the course of his employment if he was to receive a lengthy driver's licence disqualification.
Character references were tendered on my client's behalf, which were structured off on a template which I had earlier supplied.
I was able to convince the Magistrate that a disqualification of no more than 8 months and a modest fine was the suitable penalty.
My client was very happy with the ouctome.
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.