CAIRNS: DUI Drink Driving 0.114 No Conviction Recorded

I flew back up to Cairns Magistrates Court again on Friday, to represent a client charged with Mid Range DUI Drink Driving.

My client was found to have a blood alcohol concentration of 0.114.

Whilst my client was eligible to apply for a DUI Drink Driving Work Licence, they chose not to apply.

To be eligible, a person must have been the holder of a valid open Queensland driver's licence when intercepted, and must not have lost their licence for any other reason within the last 5 years.

That said, my client still did need to drive to locations not properly serviced by public transport or at all.

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

Further, given my client's profession, they held concerns with regard to the recording of a conviction.

My client faced a maximum penalty for their DUI Drink Driving offence of a 12 month driver’s licence disqualification, 6 months imprisonment and 20 penalty units. 

That said, section 187 of the Penalties & Sentences Act allows Magistrates to hand down lifetime driver's licence disqualifications.

The Mandatory Minimum licence disqualification for Mid Range is 3 months.

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 regarding whether or not a conviction should be recorded.

I was able to persuade the Magistrate that a licence disqualification of no more than 3 months was appropriate.

My client received the Mandatory Minimum 3 months and a modest fine.

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

My client was extremely happy.

DUI Drink Driving is a serious offence.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers