BRISBANE: Drug Driving Methylamphetamine (Ice) Relevant Drug Present

I appeared at Brisbane Magistrates Court again earlier this week representing a client charged with Drug Driving, otherwise known as Driving While Relevant Drug Is Present.

My client was found to have Methylamphetamine (Ice) in their system.

My client was a first time offender.

However, as my client's employer refused to sign a supporting Affidavit, they were not eligible to apply for a Drug Driving Work Licence.

Ordinarily I summons uncooperative employers to give evidence, meaning, I seek a court order that they are to appear at court and explain themselves.

If they ignore the court order and fail to appear, a warrant for their arrest is issued.

I have done this on numerous occasions, most notably in 2 separate matters involving high ranking local government officials.

However, given the employer was prepared to keep my client's position open until he was once again permitted to drive, this was not a course of action which my client was willing to take.

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.

I was able to persuade the Magistrate that a licence disqualification of no more than 8 weeks was appropriate.

My client received an 8 week driver’s licence disqualification, and a modest fine.

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