BRISBANE: Drug Driving (Ice & Cannabis) No Conviction Recorded

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

My client was found to have Methylamphetamine (Ice) and Cannabis in their system.

My client had no prior Drug Driving history.

However, they had been charged twice previously for DUI Drink Driving, with readings of 0.071 and 0.089.

That said, the 2 previous DUIs were outside of the preceding 5 years.

Given my client had not previously lost their licence within the last 5 years, they were eligible to apply for a work licence.

That said, my client, for whatever reason, chose not to apply.

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

However, my client did hold 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 had my client attend a reformatory course.

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