BEENLEIGH: Drug Driving (Cannabis) 24/7 Work Licence Granted

I appeared at Beenleigh Magistrates Court again this morning to act for a client charged with Drug Driving, specifically Driving While Relevant Drug is Present in Blood or Saliva.

My client was charged with driving with Cannabis in their system, as opposed to the more serious offence of driving whilst actually Under the Influence of a Drug.

My client was a first time offender.

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

My client was therefore eligible to apply for a Drug Driving Work Licence, and that is what I was instructed to do.

My client was employed as a Labour Hire Worker.

My client’s role required that they attend locations not properly serviced by public transport, or at all.

My client faced a maximum penalty of a lifetime driver's licence disqualification, 3 months imprisonment and 14 penalty units.

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

A penalty unit in Queensland is currently valued at $113.85.

Further, persons who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.

I drafted a 10 page Affidavit in support of my client’s Drug Driving Work Licence application.

I covered a number of matters in the Affidavit materials, including the financial liabilities which would not be met if my client lost their income.

I also drafted a detailed Affidavit for my client's employer to sign, which set out the impact which a loss of licence would have upon my client's employment.

I also made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.

I was able to persuade the Magistrate to grant my client’s Drug Driving Work Licence application.

My client received a 2 month licence disqualification and a $600 fine.

The Work Licence order overlaps the 2 month disqualification period, allowing my client to continue driving for work purposes only, 24 hours per day 7 days per week.

So for work purposes, my client effectively has not lost their licence.

My client was very happy with the outcome.

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

Regards

Andrew Wiseman, Wiseman Lawyers