RICHLANDS: Drug Driving (Cannabis) Prior DUI Drink Driving Within 5 Years

I appeared at Richlands Magistrates Court again recently to represent a client charged with Drug Driving, otherwise known as Driving While Relevant Drug Is Present.

My client was found to have Cannabis in their system.

Given my client had previously been charged with DUI Drink Driving within the last 5 years, they were not eligible to apply for a Drug Driving Work Licence.

Further, given that previous DUI, my client faced a mandatory minimum 3 month licence disqualification.

My client needed 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.

My client faced a maximum penalty for their Drug Driving offence 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 made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.

Given a key document was missing from the charge file, I was able to persuade the Magistrate to ignore the previous DUI Drink Driving charge.

I was therefore able to persuade the Magistrate that a licence disqualification of no more than 1 month was appropriate.

My client was extremely happy.

Drug Driving is a serious offence.

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

Regards

Andrew Wiseman, Wiseman Lawyers