CABOOLTURE: 2 x Unlicensed Driving Repeat Offender

I appeared at Caboolture Magistrates Court again recently, to represent a client charged with 2 counts of Unlicensed Driving, one being driving on a SPER suspended licence, and the other being for having driven on an expired licence.

The 2 offences were committed on seperate occasions.

My client was charged as a Repeat Offender.

For driving on a SPER suspended licence, my client faced a Mandatory Minimum licence disqualification of no less than 1 month, with a lifetime maximum.

For driving on an expired licence as a Repeat Offender, my client faced a further Mandatory Minimum licence disqualification of no less than 1 month, with a lifetime maximum.

There is no provision for a work or hardship licence for persons charged with Unlicensed Driving.

Accordingly, my role was one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.

As a Renderer, my client needed to travel to locations not properly serviced by public transport, or at all.

My client faced a maximum penalty for each Unlicensed Driving offence of a lifetime driver’s licence disqualification, 1 year imprisonment and 40 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 had my client attend a reformatory course which went some way to show the Magistrate that my client had educated themselves on the potential ramifications of their oversight.

I was able to persuade the Magistrate that the Mandatory Minimum 1 month disqualification was appropriate for each offence.

I was further able to persuade the Magistrate that it was appropriate for the 2 disqualifications to be served concurrently, or in parallel.

So, in real world terms, my client received a 1 month disqualification, and a $600 fine.

My client was understandably extremely relieved.

Unlicensed Driving is a serious offence.

Wiseman Lawyers specialise in Unlicensed Driving, DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers