I drove to Ipswich Magistrates Court earlier this week to represent a client charged with Mid Range Drink Driving, with a blood alcohol concentration of 0.140.
The client was a Repeat Offender, having previously been charged on 5 occasions, with readings of 0.093, 0.049 (on P plates), 0.045 (on P Plates), 0.059 and 0.122.
I had not previously acted for this client.
He received 2 years Probation on the last occasion.
Probation means that a defendant must regularly report to the Probation & Parole office and throughout the Probation period. They must attend any counselling or training or drug and alcohol testing which the office requires.
To his credit, however, the client’s last offence was in 2007.
As much as my job was one of saving this client’s licence, it was also one of avoiding a term of imprisonment.
That said, the client insisted I apply for a DUI Work Licence.
A DUI Drink Driving Work Licence overlaps a court ordered disqualification, allowing the defendant to continue driving for work purposes only.
One of the numerous elements which must be addressed is the question of whether or not the person is a ‘fit and proper person’ to be given another chance on the road.
I was gravely concerned about the high likelihood of imprisonment, along with the almost certain rejection of the restricted licence application.
However, the client insisted, so I undertook to push the work licence application as hard as I could.
The client faced a maximum penalty of a 12 month driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
At the time of writing this, a penalty unit in Queensland is worth $113.85.
Given the very real risk of imprisonment, I brought all of the relevant case law with me.
I also prepared lengthy Affidavit materials in support of the DUI Drink Driving Work Licence application.
You never know which way the matter will go in situations like this. Will it be a case of the Magistrate focusing on the timeframe since the earlier offending and then simply dealing with the restricted licence application?
Or will the Magistrate be agitated by the hide of somebody with my client’s history even applying when they know full well the issue at hand is whether or not they should be going to jail.
I had my client completed a detailed reformatory course which went some way to highlight the person which my client has become.
I had my client obtain character references based on a template which I had provided.
I was able to persuade the Magistrate to focus on the client’s lack of offending since 2007, as well as the steps which he had taken to stay on top of his demons during that period.
I was able to convince the Magistrate that a disqualification and fine only were appropriate, rather than any term of imprisonment, suspended or otherwise.
The Magistrate focused upon the DUI Drink Driving Work Licence application.
I was able to persuade the Magistrate to grant my client’s application.
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 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
RIDE ALONG:
Join Wiseman Lawyers Principal Solicitor Andrew Wiseman as he drives to Toowoomba Magistrates Court. On the way to court, Andrew discusses his court matter for the day.
On the way back to the office, he explains the outcome and how it was achieved
Why not also check out the following epsiodes:
- Careless Driving | Rockhampton Magistrates Court
- Unlicensed Driving | Normanton Magistrates Court
- Drink Driving | Blackwater Magistrates Court
I recently flew from Brisbane to Blackwater to represent a client charged with repeat High Range Drink Driving with a collision.
The client rolled his vehicle 3 times.
Fortunately nobody else was involved and the client was not hurt, although his $70000 Landcruiser was written off.
The client faced a very high risk of imprisonment, on account of the seriousness of the matter, as well as his previous offending.
We service the entire state of Queensland, despite being based in Brisbane.
When I attend regional courts I like to film episodes of our YouTube series 'Wiseman Lawyers Ride Alongs'.
I do this partly to show potential clients such as yourself what it is exactly that we do, and partly to prove that we do and will literally go anywhere in Queensland.
I can get a 6am flight out of Brisbane and be standing on the steps of court at Moranbah for example at 8:30am waiting for the doors to open, and ten be back in Brisbane in time for lunch.
Please find the YouTube episodie below, along with a transcript for your convenience.
Regards
Andrew Wiseman
Ph: 1300947352 Email: andrew.wiseman@wisemanlawyers.com.au
RIDE ALONG:
Join Wiseman Lawyers Principal Solicitor Andrew Wiseman as he drives to Blackwater Magistrates Court. On the way to court, Andrew discusses his court matter for the day. On the way back to the airport, he explains the outcome and how it was achieved
Why not also check out the following epsiodes:
- Careless Driving | Rockhampton Magistrates Court
- Unlicensed Driving | Normanton Magistrates Court
- Drink Driving | Blackwater Magistrates Court
