BRISBANE: Careless Driving & High Range 0.225 DUI Drink Driving With Collision

I appeared at Brisbane Magistrates Court again yesterday to represent a client charged with High Range Drink Driving, with a blood alcohol concentration of 0.225.

My client had also been charged with Careless Driving, otherwise known as Drive Without Due Care & Attention, as well as Fail to Comply With Duties of Driver Involved in a Crash.

My client had not lost their licence within the last 5 years.

However, given they blew High Range, they were not eligible to apply for a DUI Work Licence.

For the High Range DUI offence, my client faced a maximum penalty of 9 months imprisonment, a lifetime licence disqualification and 28 penalty units.

For Careless Driving, my client faced a further maximum penalty of 40 penalty units, 6 months imprisonment and a lifetime licence disqualification.

For Failing to Comply with their Duties After a Crash, my client faced an additional lifetime licence disqualification and 40 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.

Being a Welder, my client needed to transport themself to locations not properly serviced by public transport, or at all.

I made detailed and lengthy verbal submissions to the Magistrate on the impact which a long disqualification would have had upon my client's well being and lifestyle.

I also drafted detailed written submissions of the relevant case law and legislation.

I prepared detailed Affidavit materials setting out the lessons learned at a reformatory course which I had my client attend.

I was able to persuade the Magistrate that a total disqualification for all offences of no more than 12 months was appropriate.

My client received a total 12 month driver's licence disqualification and modest fines.

My client was extremely relieved.

DUI Drink Driving is a serious offence.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers