BRISBANE: Repeat High Range 0.166 DUI Drink Driving While Unlicensed

I appeared at Brisbane Magistrates Court again today, representing a client charged with Repeat High Range Drink Driving, with a blood alcohol concentration of 0.166.

My client was also charged with Unlicensed Driving.

This was my client's second Drink Driving charge, the previous reading being 0.111.

Given my client blew High Range, they were 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.

A penalty unit in Queensland is currently worth $113.85.

In addition to this, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90. 

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.

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 was able to persuade the Magistrate that a disqualification of no more than 9 months for both charges was appropriate.

My client received a 9 month driver's licence disqualification and a modest fine.

My client was extremely relieved.

DUI is a serious offence, as is Unlicensed Driving.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers