I appeared at Brisbane Magistrates Court this morning to represent a client charged with Unlicensed Driving Whilst SPER Suspended, or Suspended Driving.
SPER is an acronym for State Penalties Enforcement Registry.
SPER will suspend a person’s driver’s licence when they fail to pay moneys owed.
SPER debts usually arise from unpaid infringement notices or tolls, but they can arise from any debt owing to the State Government, or any person for the benefit of whom restitution has been ordered by the court.
SPER is effectively the State Government’s debt collection agency.
SPER will send a Notice of Intention to Suspend Driver’s Licence.
However, a lot of the time these notices are sent but not received.
Unfortunately, the law considers the suspension notice to be served upon posting.
Therefore, having not received the notice is not a defence to this charge.
My client today faced a maximum penalty of a 6 month driver’s licence disqualification, 1 year imprisonment and 40 penalty units.
At the time of authoring this, a penalty unit in Queensland is worth $113.85.
My client attended a reformatory course which allowed me to show to the Magistrate the lessons which my client had learned through his oversight.
I handed up several character references based on a template which I had previously provided the client.
I went into great detail about the potential real world consequences of a lengthy disqualification.
I managed to convince the Magistrate that the mandatory minimum 1 month licence disqualification was appropriate in this instance.
The client and his mother were very happy and relieved.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352 Email: 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
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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.