I appeared at Brisbane Magistrates Court again this morning, to represent a client charged with their third DUI Drink Driving offence, being their second within the last 5 years, with a blood alcohol concentration of 0.067.
My client had previously been charged with blood alcohol concentrations of 0.103 and 0.081.
Given my client had previously lost their licence within the 5 years prior, and given they were the holder of a New South Wales driver's licence, they were not eligible to apply for a Work Licence.
That said, given this was their third DUI offence in a relatively short time frame, my client did face the very real possibility of a penalty more severe than just a licence disqualification and fine.
Accordingly, my role was one of getting the disqualification down as low as possible, and ensuring that was all that happened, as opposed to applying for a Work Licence.
My client faced a maximum penalty for their DUI offence of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
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 $107.10.
I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I also prepared detailed written submissions of the relevant case law and legislation.
I was able to persuade the Magistrate that a disqualification and fine only was appropriate.
Further, as the Police had made an error in their paperwork, I was able to persuade the Magistrate to ignore the previous Drink Driving conviction within the last 5 years in deciding the penalty.
My client received a 1 month driver’s licence disqualification and a $350 fine.
My client was extremely grateful.
Wiseman Lawyers specialise in 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.