BRISBANE: Drug Driving (Cannabis) No Conviction Recorded

I appeared at Brisbane Magistrates Court again today, representing a client charged with Drug Driving, otherwise known as Driving While Relevant Drug is Present.

My client was found to have Cannabis in their system.

My client had no prior Drug Driving history.

My client had not lost their licence within the last 5 years and was therefore eligible to apply for a Drug Driving Work Licence.

Initially, this is what I was engaged to do.

However, my client's employment was terminated when he disclosed this offence to his employer.

One of the requirements for a successful Drug Driving Work Licence application is an Affidavit from the client's employer stating that they will lose their job if they lose their licence, so disclosing this to the employer was unavoidable.

There was no way around this, as my client's employment would have been terminated if they failed to tell their employer but attended work anyway minus a valid licence.

Yet another A Grade human being taking it upon themselves to play Judge, Jury & Executioner.

In any event, my job this morning was now one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.

Further, given my client was now unemployed, they held grave concerns with regard to the recording of a conviction.

My client faced a maximum penalty for their Drug Driving offence 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 made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.

I made forceful submissions with regard to the recording of a conviction.

I was able to persuade the Magistrate that a licence disqualification of no more than 1 month was appropriate.

My client received a 1 month licence disqualification and a modest fine.

The Magistrate ordered there be No Conviction Recorded.

My client was extremely happy.

Drug Driving is a serious offence.

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

Regards

Andrew Wiseman, Wiseman Lawyers