I appeared at Richlands Magistrates Court again this morning to represent a client charged with Repeat Mid Range Drink Driving, with a blood alcohol concentration of 0.144.
My client faced a maximum penalty for their Repeat DUI offence of a lifetime driver’s licence disqualification, a Mandatory Minimum licence disqualification of 3 months, 3 months imprisonment and 14 penalty units.
A penalty unit in Queensland is currently valued at $113.85.
My client had been charged twice previously.
However, given those previous were outside of the last 5 years, my client was eligible to apply for a Work Licence.
That said, my client's employer refused to sign a Work Licence Employer Affidavit.
Evidence can be given in Work Licence applications by way of either a sworn Affidavit, or sworn oral evidence.
In situations where a client's employer is not cooperative, I serve a Summons to Give Evidence.
A Summons to Give Evidence compels an employer to appear at court, and compels them to give evidence in the stand.
If they fail to attend court, the Magistrate will issue a Warrant for their arrest, and if they refuse to give evidence once at court, the Magistrate will hold them in contempt.
I have done this on numerous occasions, primarily where the client is employed by a Government department or some other type of organisation where termination of the client is not an easy process.
However, when the client is employed by a small business, where such action simply gives the employer another reason to fire my client, I am less reluctant to do so.
I have lost count of the occasions on which I have responded to 'it is not our policy to sign Affidavits' with 'it is Wiseman Lawyers policy to summons uncooperative witnesses'.
I canvassed this option with my client, and it was agreed that this was a step which would not be appropriate in this instance.
Given my client was single and had no other way of getting to work, they had no choice but to take their 3 months accrued Long Service Leave.
However, in the instance where my client was to receive a disqualification of any more than 3 months, their employer made it clear that their role would be terminated.
Ordinarily I would not seek such a low disqualification for a reading of 0.144 with 2 previous offences of this type, but in this instance I had no choice but to simply go hard on it.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Further, persons who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I was able to persuade the Magistrate that a licence disqualification of no more than 3 months in this instance was appropriate.
My client received a 3 month driver’s licence disqualification and a modest fine.
My client was extremely relieved.
DUI Drink Driving is a serious offence.
Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
Click here to read about other clients I have helped:
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.