I appeared at Brisbane Magistrates Court this morning, representing a previous client charged with their Tenth count of Repeat Disqualified Driving.
It is common for Magistrates to hand down suspended terms of imprisonment to unrepresented or inadequately represented second time offenders.
It is also par for the course for improperly represented persons to receive imprisonment with immediate parole or actual custody for their third and consecutive Disqualified Driving offences.
A suspended term of imprisonment means the prison term hangs over your head for a set period of time, and then drops down and activates if you come back before the courts for any other offence during that period.
Immediate Parole means technically you went to jail, but your court date is your release date, so you don't physically go to jail.
For his previous offending, my client had received 7 separate periods of imprisonment, comprising of terms of wholly suspended imprisonment, imprisonment with immediate parole, and terms of actual custody.
In early 2009, my client served 4 months in prison, meaning 4 months actual custody.
Again in 2009, my client served a further 3 months actual custody.
I did not become my client’s lawyer until 2014.
When I acted in 2014, my client was facing his Eighth and Ninth Disqualified Driving charges, which were both dealt with together.
For those charges, I was able to obtain imprisonment with immediate parole for my client, meaning despite having served 2 terms of actual imprisonment previously, I was able to persuade the Magistrate not to send my client back to jail.
Needless to say, for his Tenth Disqualified Driving charge, I had my work cut out for me this morning.
My client faced a maximum penalty of 18 months actual imprisonment, a 5 year licence disqualification and 60 penalty units.
A penalty unit in Queensland is currently worth $113.85.
Given the extremely high risk of a lengthy term of actual imprisonment, I prepared lengthy and detailed submissions summarising the relevant case law.
I also prepared detailed and comprehensive verbal submissions.
I spoke at length about the hardships which my client’s defacto and new born child would suffer if he was to receive a lengthy term of actual term of imprisonment.
I was able to persuade the Magistrate not to imprison my client.
My client received 12 months imprisonment with immediate parole, and a 2 year driver’s licence disqualification.
To confirm, my client did not go back to jail.
Needless to say, my client and his partner were ecstatic to say the least.
Wiseman Lawyers specialise in Disqualified Driving, DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
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
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.