I drove to Richlands Magistrates Court last week to represent a client charged with High Range DUI Drink Driving with a blood alcohol concentration of 0.195.
The client was a Repeat Offender, having been charged previously with blood alcohol concentrations of 0.242 and 0.177.
Given the 0.242 occurred with the last 5 years (in 2012), and given this was his third High Range charge, he faced the very real possibility of imprisonment.
For first time high range offending with readings of 0.200 and above, I ordinarily achieve a 10-14 month disqualification and fine only.
If a defendant was to receive an outcome any more serious than a disqualification and fine only, such as Probation, for a first time offence, even with a very high reading of 0.200 to 0.250, the matter has not been properly put to the Magistrate.
I also regularly obtain a disqualification and fine only for second time high range drink driving offenders, although Probation would be an appropriate penalty in such a situation, particularly if that previous occurred within the last 5 years.
Given this was his third High Range DUI Drink Driving offence, the client faced a maximum penalty of a lifetime loss of licence, 18 months imprisonment and 60 penalty units.
At the time of writing this, a penalty unit in Queensland is worth $113.85.
Given the very high risk of imprisonment, I prepared lengthy and detailed written submissions summarising the relevant case law.
I also prepared detailed verbal submissions.
I had my client attend 2 reformatory courses which went some way to persuade the Magistrate of my client’s genuine efforts at rehabilitation.
I spoke about several matters when dealing with the Magistrate, and I tendered numerous references which were based on a template which I had provided the client.
I was able to persuade the Magistrate not to imprison my client, and that a 20 month disqualification and fine only was appropriate.
To confirm, this was my client's third High Range DUI Drink Driving charge, his second within the last 5 years, and he received a licence disqualification and fine only - no further punishment.
My client was actually crying with joy as we left the courthouse.
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.