I appeared at Brisbane Magistrates Court this morning representing a client charged with Low Range DUI Drink Driving with a blood alcohol concentration of 0.069.
The client was a first time offender who had not previously lost his licence within the last 5 years.
He was therefore eligible to apply for a DUI Drink Driving Work Licence.
However, given he was not going to lose his employment as an Anaesthetist, it was not appropriate to make such an application.
The client faced a maximum penalty of a 9 month licence disqualification, 9 months imprisonment and 28 penalty units.
A penalty unit in Queensland is presently worth $113.85.
In addition, all persons pleading or being found guilty in the Magistrates Court are required to pay the Offender Levy, which is currently worth $107.10.
The client’s greatest concern, however, given his profession, was the recording of a conviction.
As humorous as it sounds, the key case on this issue is Riordan v Grohl, which involved Foo Fighters Frontman Dave Grohl.
Grohl was charged with DUI Drink Driving on a moped at Southport in 2000 after performing at the Big Day Out.
A conviction was recorded.
Grohl appealed the recording of the conviction, based on the submission that such a recording would hinder his ability to tour the globe, including the Middle East, with the Foo Fighters.
The Court of Appeal rejected this and the recorded conviction stood.
Accordingly, the law now states that, unless ‘unequivocal’ evidence is put to the Magistrate, DUI Drink Driving convictions must be recorded.
In light of this, I made solid submissions this morning to the Magistrate regarding what I considered to be unequivocal evidence of the difficulties which my client would suffer in his profession and elsewhere, if a conviction was to be recorded.
I was able to persuade the Magistrate to exercise their discretion and not record a conviction.
My client received a 1 month driver’s licence disqualification, a $200 fine and No Conviction Recorded.
My client was extremely pleased.
Queenslanders charged with first time DUI Drink Driving face a maximum penalty of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
Dangerous Driving in Queensland carries a maximum penalty of a lifetime loss of licence, 3 years imprisonment and 200 penalty units.
Queenslanders charged with Evade Police face a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
Magistrates also 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.
DUI Drink Driving, Dangerous Driving and Evade Police are serious offences.
Wiseman Lawyers specialise in DUI Drink Driving, Dangerous Driving, Evade Police and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
Why not check out the following epsiodes of our YouTube show 'Wiseman Lawyers Ride Alongs':
- Careless Driving | Rockhampton Magistrates Court
- Unlicensed Driving | Normanton Magistrates Court
- Drink Driving | Blackwater Magistrates Court
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.