I flew up to Townsville Magistrates Court again on Friday to represent a client charged with Mid Range Drink Driving, with a blood alcohol concentration of 0.100.
Aggravating the charge was the fact that my client's infant son was in the vehicle at the time.
My client was a first time offender who had not lost their licence within the last 5 years.
However, given they were a Doctor, it was implausible that they would lose their job if they lost their licence.
Accordingly, despite otherwise being eligible, it was not appropriate for me to apply for a DUI Work Licence on my client's behalf.
My role was therefore one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.
As a Doctor, my client’s role required that they attend the local hospital at short or no notice, outside of public transport hours.
Further, given my client was a Doctor, who needed to renew their registration periodically, they held grave concerns with regard to the recording of a conviction.
My role was therefore also one of trying to persuade the Magistrate not to record a conviction.
My client faced a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 20 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 $110.90.
I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I also drafted detailed written submissions of the relevant case law and legislation.
I provided submissions to the Magistrate in relation to why a conviction should not be recorded.
Ordinarily I would push for the Mandatory Minimum 3 month licence disqualification in these circumstances.
However, given the charge was aggravated by the presence of a child passenger, I saw fit to submit a window of 3-4 months.
I was able to persuade the Magistrate that a licence disqualification of no more than 4 months was appropriate.
I was also able to persuade the Magistrate not to record a conviction.
My client received a 4 month driver’s licence disqualification, a modest fine and No Conviction Recorded.
My client was extremely happy.
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.