I appeared at Pine Rivers Magistrates Court again recently, to represent a client charged with Repeat Drink Driving, with a blood alcohol concentration of 0.058.
My client had been previously disqualified 2 years prior, for an earlier 0.089 offence.
Given my client had lost their licence previously within the last 5 years, they were not eligible to apply for a Work Licence.
My client faced a maximum penalty for their Repeat DUI offence of a lifetime driver's licence disqualification, 6 months imprisonment and 20 penalty units.
Given their previous offending was within the 5 years prior, my client faced a Mandatory Minimum licence disqualification of 3 months, meaning the Magistrate did not have the power to hand down anything less.
Magistrates 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 $110.90.
When deciding how to deal with a Repeat Drink Driving offender, the courts have a number of options available.
Magistrates will hand down Community Service orders in circumstances where they believe the offender needs to give back to the community.
When a Community Service order is handed down, the offender must engage in a set number of hours of volunteer work, as directed by the Probation & Parole office.
Magistrates will hand down a Probation order in circumstances where they are persuaded that the offender needs help, rather than, or in addition to, punishment.
Persons on Probation must report to the Probation & Parole office during their ordered period, and engage in any required counselling or mental health treatment.
Probation is more of a supervisory order than a form of penalty.
Probation orders can only be made with the consent of the offender.
A suspended term of imprisonment means that the client does not actually go to jail, but the term of imprisonment hangs over their head for a set period.
If the person returns to court for any other offence punishable by imprisonment during the set period, which a lot of seemingly minor offences are, the Magistrate has 2 options.
The Magistrate can either extend the length of the suspension period, in other words extend the period during which the term of imprisonment hangs over the person’s head, or activate the term of imprisonment.
Alternate to a suspended term of imprisonment, the Magistrate can hand down an intensive correction order, impose a term of imprisonment with immediate parole, or incarcerate the person by physically sending them to jail for a period.
An intensive correction order is a form of imprisonment which is served within the community.
Persons on an intensive correction order must report to the Probation & Parole office during their ordered period, and comply with any directions given.
If a person breaches an intensive correction order, by committing another offence or failing to comply with any given directions, they will be brought back before the court and resentenced for their original offence.
Imprisonment with immediate parole means that the client does not physically go to jail, but technically according to their record they did, however their court date is their release date.
Persons on parole must also report to the Probation & Parole office during their set parole period.
If a person breaches parole, by committing another offence or failing to comply with any given directions, they will be immediately imprisoned for the remainder of their prison term.
The Magistrate also has the power to simply hand down a disqualification and fine only.
I drafted detailed and comprehensive written submissions of the relevant legislation and case law.
I made comprehensive verbal submissions to the Magistrate.
Given a key document was missing from the charge file, I was able to persuade the Magistrate to ignore the previous offence.
I was therefore able to persuade the Magistrate that a 1 month licence disqualification and a fine was appropriate.
Needless to say, my client was extremely relieved.
Wiseman Lawyers specialise in 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.