BRISBANE CITY: Fail To Provide Breath Specimen No Conviction Recorded

I appeared at Brisbane Magistrates Court again today, representing a client charged with Fail To Provide Specimen of Breath.

Essentially, my client blew positive roadside, and then failed to cooperate for the formal breath test at the Police Station.

This is deemed the equivalent of High Range DUI Drink Driving.

My client was therefore not eligible to apply for a Drink Driving Work Licence.

My client faced a maximum penalty of 9 months imprisonment, a lifetime licence disqualification and 28 penalty units.

This offence carries a Mandatory Minimum licence disqualification of no less than 6 months.

A penalty unit in Queensland is currently worth $121.90.

In addition to this, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $114.80. 

Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.

My client's employment required they transport themselves to locations not properly serviced by public transport, or at all.

My client held grave concerns with regard to the recording of a conviction, for a number of reasons.

I made detailed and lengthy verbal submissions to the Magistrate on why my client should be treated differently to most persons in their situation.

I also drafted detailed written submissions of the relevant case law and legislation.

I made detailed and lengthy submissions on why a conviction should not be recorded, in this instance.

I was able to persuade the Magistrate that a disqualification of no more than the Mandatory Minimum 6 months was appropriate.

My client received a 6 month driver's licence disqualification and a modest fine.

I was further able to persuade the Magistrate that it was appropriate to order that there be No Conviction Recorded.

My client was extremely relieved.

DUI is a serious offence.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers