BEENLEIGH: Dangerous Driving DUI 0.157 & Crash & Prior 0.110 & 0.07 in 5 Years

I drove to Beenleigh Magistrates Court recently to represent a client charged with Dangerous Operation of a Motor Vehicle Whilst Adversely Affected by an Intoxicating Substance.

My client was also charged with High Range DUI Drink Driving, with a blood alcohol concentration of 0.157.

That said, I was able to negotiate the removal of the DUI Drink Driving charge.

The client was a Repeat Offender, having been charged twice previously with DUI Drink Driving, with blood alcohol concentrations of 0.110 (in 2013) and 0.070 (in 2012).

The client faced Mandatory Imprisonment.

The relevant legislation states that when a person is charged with Dangerous Operation of a Motor Vehicle Whilst Adversely Affected, and that person has been charged twice previously with DUI Drink Driving, a term of imprisonment must be imposed.

The Magistrate has no discretion on this.

The client also collided with a parked car.

The client faced a maximum penalty of 5 years imprisonment, a lifetime loss of licence and 400 penalty units.

At the time of writing this, a penalty unit in Queensland is worth $113.85, so in addition to imprisonment, he faced a maximum fine of $45,540.00.

Given the Mandatory Imprisonment, my job was one of trying to persuade the Magistrate to either wholly suspend the term of imprisonment, or hand down a term of actual imprisonment with an immediate parole release date.

A term of wholly suspended imprisonment means you don’t actually go to jail, but the term of imprisonment is hanging over your head for a period determined by the Magistrate.

If you come back before the courts during that period the term of imprisonment is triggered.

Actual imprisonment with immediate parole means technically you have been to jail but the court date is your release date.

You must report to the parole board regularly during the period specified by the Magistrate.

Given both of these options would have meant my client would have avoided actual imprisonment, either would have been a good outcome.

However, I saw fit to push hard for a suspended term of imprisonment.

Given the very high risk of actual imprisonment, I prepared lengthy and detailed written submissions summarising the relevant case law.

I also prepared detailed and comprehensive verbal submissions.

I obtained a pre-sentencing Psychological Report on behalf of my client and tendered that also.

I spoke about at length about the difficulties which my client and his family would suffer if he was to receive an actual term of imprisonment.

I was able to persuade the Magistrate not to imprison my client.

My client received 18 months imprisonment wholly suspended for 3 years, an 18 month driver’s licence disqualification and an $800 fine.

So, in other words, my client did not go to prison.

Needless to say, my client was quite relieved.

Regards

Andrew Wiseman, Wiseman Lawyers