CAIRNS: Repeat Unlicensed Driving & Resist Vehicle Forfeiture

I appeared at Cairns Magistrates Court again on Friday to represent a client charged with Repeat Unlicensed Driving.

Further to this, as this was my client's fourth Type 2 offence in 5 years, they faced permanent forfeiture of their vehicle upon entering a plea of guilty.

Accordingly, I initially adjourned the matter so I could make an application to the Police Commissioner for the vehicle's release.

The application was resisted, and the negotiations did take several weeks.

However, I was ultimately successful.

I then flew up to Cairns on Friday to deal with the underlying charge itself, being repeat Unlicensed Driving whilst Demerit Point Suspended.

When deciding how to deal with a Repeat Unlicensed Driving offender, the courts have a number of options available.

A suspended term of imprisonment means that the client does not actually go to jail, but the term of imprisonment hangs over their head for a set period.

If the person returns to court for any other offence punishable by imprisonment during the set period, which a lot of seemingly minor offences are, the Magistrate has 2 options.

The Magistrate can either extend the length of the suspension period, in other words extend the period during which the term of imprisonment hangs over the person’s head, or activate the term of imprisonment.

Alternate to a suspended term of imprisonment, the Magistrate can hand down an intensive correction order, impose a term of imprisonment with immediate parole, or incarcerate the person by physically sending them to jail for a period.

An intensive correction order is a form of imprisonment which is served within the community.

Persons on an intensive correction order must report to the Probation & Parole office during their ordered period, and comply with any directions given.

If a person breaches an intensive correction order, by committing another offence or failing to comply with any given directions, they will be brought back before the court and resentenced for their original offence.

Imprisonment with immediate parole means that the client does not physically go to jail, but technically according to their record they did, however their court date is their release date.

Persons on parole must also report to the Probation & Parole office during their set parole period.

If a person breaches parole, by committing another offence or failing to comply with any given directions, they will be immediately imprisoned for the remainder of their prison term

The Magistrate also has the option of simply handing down a further disqualification and fine.

My client faced a maximum penalty of 12 months imprisonment, 40 penalty units and a lifetime driver’s licence disqualification.

My client also faced a Mandatory Minimum licence disqualification of no less than 6 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.

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

I made detailed and comprehensive submissions to the Magistrate.

I had my client obtain multiple character references, based on a template which I had earlier provided.

I was able to persuade the Magistrate that a licence disqualification and fine only were appropriate.

My client received the Mandatory Minimum 6 month disqualification and a modest fine.

My client received no term of imprisonment, wholly suspended or otherwise.

Needless to say, my client was extremely relieved.

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

Regards

Andrew Wiseman, Wiseman Lawyers