I drove to Beenleigh Magistrates Court recently to represent a client charged with Dangerous Operation of a Motor Vehicle Whilst Adversely Affected by an Intoxicating Substance.
My client was also charged with High Range DUI Drink Driving, with a blood alcohol concentration of 0.157.
That said, I was able to negotiate the removal of the DUI Drink Driving charge.
The client was a Repeat Offender, having been charged twice previously with DUI Drink Driving, with blood alcohol concentrations of 0.110 (in 2013) and 0.070 (in 2012).
The client faced Mandatory Imprisonment.
The relevant legislation states that when a person is charged with Dangerous Operation of a Motor Vehicle Whilst Adversely Affected, and that person has been charged twice previously with DUI Drink Driving, a term of imprisonment must be imposed.
The Magistrate has no discretion on this.
The client also collided with a parked car.
The client faced a maximum penalty of 5 years imprisonment, a lifetime loss of licence and 400 penalty units.
At the time of writing this, a penalty unit in Queensland is worth $113.85, so in addition to imprisonment, he faced a maximum fine of $45,540.00.
Given the Mandatory Imprisonment, my job was one of trying to persuade the Magistrate to either wholly suspend the term of imprisonment, or hand down a term of actual imprisonment with an immediate parole release date.
A term of wholly suspended imprisonment means you don’t actually go to jail, but the term of imprisonment is hanging over your head for a period determined by the Magistrate.
If you come back before the courts during that period the term of imprisonment is triggered.
Actual imprisonment with immediate parole means technically you have been to jail but the court date is your release date.
You must report to the parole board regularly during the period specified by the Magistrate.
Given both of these options would have meant my client would have avoided actual imprisonment, either would have been a good outcome.
However, I saw fit to push hard for a suspended term of imprisonment.
Given the very high risk of actual imprisonment, I prepared lengthy and detailed written submissions summarising the relevant case law.
I also prepared detailed and comprehensive verbal submissions.
I obtained a pre-sentencing Psychological Report on behalf of my client and tendered that also.
I spoke about at length about the difficulties which my client and his family would suffer if he was to receive an actual term of imprisonment.
I was able to persuade the Magistrate not to imprison my client.
My client received 18 months imprisonment wholly suspended for 3 years, an 18 month driver’s licence disqualification and an $800 fine.
So, in other words, my client did not go to prison.
Needless to say, my client was quite relieved.
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
I appeared at Brisbane Magistrates Court this morning to represent a client charged with Low Range DUI Drink Driving with a blood alcohol concentration of 0.058.
The client was a first time offender.
However, due to a Demerit Point Suspension within the previous 5 years, he was not eligible to apply for a DUI Drink Driving Work Licence.
Accordingly, my job was one of getting the licence disqualification down as low as possible.
The maximum penalty faced by my client was a 9 month licence disqualification, 9 months imprisonment and 28 penalty units.
At the time of writing, a penalty unit in Queensland is worth $113.85.
In addition to these penalties, all defendants pleading or being found guilty in the Magistrates Court must pay the Offender Levy, which as of today is worth $107.10.
Whilst imprisonment is technically a potential penalty, for a first time offender with this reading it is realistically not an expected outcome.
I made comprehensive submissions to the Magistrate with regard to the devastation which would be borne upon my client if a lengthy disqualification was imposed.
I also tendered several character references which were based on a template which I had earlier provided to the client.
I was successful in persuading the Magistrate that the mandatory minimum 1 month disqualification was appropriate, with a small fine.
My client was extremely relieved.
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:
I appeared at Brisbane Magistrates Court this morning to represent a client charged with Unlicensed Driving Whilst SPER Suspended, or Suspended Driving.
SPER is an acronym for State Penalties Enforcement Registry.
SPER will suspend a person’s driver’s licence when they fail to pay moneys owed.
SPER debts usually arise from unpaid infringement notices or tolls, but they can arise from any debt owing to the State Government, or any person for the benefit of whom restitution has been ordered by the court.
SPER is effectively the State Government’s debt collection agency.
SPER will send a Notice of Intention to Suspend Driver’s Licence.
However, a lot of the time these notices are sent but not received.
Unfortunately, the law considers the suspension notice to be served upon posting.
Therefore, having not received the notice is not a defence to this charge.
My client today faced a maximum penalty of a 6 month driver’s licence disqualification, 1 year imprisonment and 40 penalty units.
At the time of authoring this, a penalty unit in Queensland is worth $113.85.
My client attended a reformatory course which allowed me to show to the Magistrate the lessons which my client had learned through his oversight.
I handed up several character references based on a template which I had previously provided the client.
I went into great detail about the potential real world consequences of a lengthy disqualification.
I managed to convince the Magistrate that the mandatory minimum 1 month licence disqualification was appropriate in this instance.
The client and his mother were very happy and relieved.
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
I drove to Holland Park Magistrates Court this morning to represent a client charged with Low Range DUI Drink Driving with a blood alcohol concentration of 0.062.
The client was a first time offender who had not previously lost his licence within the last 5 years.
Ordinarily he would have been eligible to apply for a DUI Drink Driving Work Licence, however, given he is not the holder of a Queensland licence, this is not the case.
The client actually lives in Hong Kong and was in Australia visiting relatives.
He had since returned to Hong Kong, so I requested my client be permitted to appear by telephone, with my physical appearance at the courthouse.
My request was granted, however, I was further able to persuade the Magistrate to hear the matter in the client’s complete absence, given I was personally in appearance.
The client faced a maximum penalty of a 9 month licence disqualification, 9 months imprisonment and 28 penalty units.
At the time of writing this, a penalty unit in Queensland is worth $113.85.
Further, all persons pleading or being found guilty in the Magistrates Court must pay the Offender Levy, which at the time of writing is worth $107.10.
Whilst imprisonment is technically a potential penalty, practically it is not.
Given my client is not in Australia, I was not able to have him attend the reformatory courses which I normally have clients attend, and given he engaged us at the last minute, I did not have any character references to hand up.
That said, I did prepare detailed oral submissions, particularly with regard to the impact which a recorded conviction would have upon my client.
I was able to persuade the Magistrate to hand down the mandatory minimum 1 month disqualification.
The Magistrate was persuaded that it was appropriate for there to be No Conviction Recorded.
Needless to say, my client was extremely happy.
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