I appeared at Caboolture Magistrates Court again yesterday to act for a client who had instructed me to apply for the removal of 5 seperate disqualifications, totalling 9 years and 3 months, which had been handed down 4 years earlier.
My client received their 5 disqualifications for multiple instances of Repeat DUI Drink Driving and Disqualified Driving (I did not act for my client in those matters).
When a person is given Court ordered disqualifications of 2 years or more, once they have served 2 years without reoffending, they can apply to have the remainder of their disqualifications lifted.
My client was employed as a Maintenance Technician.
My client’s role required that they attend locations not properly serviced by public transport, or at all, around the clock.
Fortunately, my client's employer was good enough to keep my client on as an employee.
However, my client's hours were drastically reduced, and consequently as was their income, throughout the disqualification period.
I drafted a 10 page Affidavit in support of my client’s Application For Removal of Disqualification.
I covered a number of matters in the Affidavit materials, including the financial liabilities which would continue to not be met if my client remained on a reduced income.
I drafted a further Affidavit for my client’s employer to sign, which detailed the prolonged consequences of a continued period without a licence.
I had my client attend a reformatory course which went some way to show the Magistrate that my client had educated themselves on the error of their ways.
I also made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I was able to persuade the Magistrate to grant my client’s Application For Removal of Disqualification.
The Magistrate ordered that Queensland Transport reinstate my client's licence 'forthwith'.
My client was very happy with the outcome.
Application For Removal of Disqualification is quite complicated.
Wiseman Lawyers specialise in Application For Removal of Disqualification, DUI Drink 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.