BEENLEIGH: Drug Driving Work Licence Granted No Conviction Recorded

I appeared at Beenleigh Magistrates Court again this morning, representing a client charged with Drug Driving (Drive Whilst Relevant Drug Present).

My client was found to have Speed (Methamphetamine) in their system.

My client had not previously lost their licence within the 5 years prior.

My client was therefore eligible to apply for a Drug Driving Work Licence, and that is what I was instructed to do.

My client’s role required that they attend locations not properly serviced by public transport, or at all.

My client held grave concerns with regard to the recording of a conviction.

My client faced a maximum penalty of a lifetime driver's licence disqualification, 3 months imprisonment and 14 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 $121.90.

Further, persons who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $114.80.

I drafted a 10 page Affidavit in support of my client’s Drug Driving Work Licence application.

I drafted a 4 page Affidavit for their employer to sign.

I covered a number of matters in the Affidavit materials, including the financial liabilities which would not be met if my client lost their income.

I had my client attend a reformatory course which went some way to show the Magistrate that my client had educated themselves on the error of their ways.

I also made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.

I made forceful submissions on why a conviction should not be recorded.

I was able to persuade the Magistrate to grant my client’s Drug Driving Work Licence application.

My client's licence was disqualified for 1 month and they were fined $200.

There was No Conviction Recorded.

The Work Licence order overlaps the disqualification period, allowing my client to continue driving for work purposes only.

So for work purposes, my client effectively has not lost their licence.

My client was very happy with the outcome.

Wiseman Lawyers specialise in Drug Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers