I appeared at Holland Park Magistrates Court again recently to represent a client charged with their Ninth Disqualified Driving offence.
My client had served actual custody in prison on three prior occasions.
Needless to say, I had my work cut out for me.
My client faced an extremely high likelihood of returning to prison, some may have said it was a certainty.
That said, some form of imprisonment on this occasion was a certainty.
The only hope I had of keeping my client out of jail this time was by way of Immediate Parole.
Imprisonment with Immediate Parole means that the client does not physically go to jail, but technically according to their record they did.
Their court date is their release date.
Persons on parole must report to the Parole office during their set parole period.
If a person breaches parole, by committing another offence or by failing to comply with any given directions, they will be immediately imprisoned for the remainder of their paroled prison term.
My client faced a maximum penalty of 18 months actual imprisonment.
Given the extremely high risk of actual imprisonment, I prepared detailed and comprehensive written submissions of the relevant legislation and case law.
I prepared further supplementary written submissions detailing the circumstances surrounding the current offence, as well as the situation which my client's family would be left in should they return to prison.
I also addressed in detail the extensive steps which my client had taken since their last offence to reform, along with a comprehensive explanation on why this was not a traditional return to prior offending.
I prepared detailed Affidavit materials setting out, among other things, the lessons learned at a reformatory course which I had my client attend.
I had my client obtain multiple character references, based on a template which I had earlier provided.
I addressed the Magistrate at length on why I believed an actual term of imprisonment was not appropriate in this instance.
I was able to persuade the Magistrate not to physically imprison my client.
My client received 12 months imprisonment with Immediate Parole, meaning, my client was not returned to prison.
Needless to say, my client and his family were extremely relieved.
Wiseman Lawyers specialise in Disqualified Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
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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.