SANDGATE: Drug Driving No Conviction Recorded (Relevant Drug Present)

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

My client was intercepted after having consumed Cannabis.

My client was a first time offender.

Given my client had not lost their open licence within the last 5 years, they were eligible to apply for a Drug Driving Work Licence.

As a Graphic Designer, my client needed to drive to clients locations not properly serviced by public transport or at all.

However, give he worked for his family’s business, he was not going to lose his job and a Work Licence was therefore not requested by the client.

Accordingly, my role was one of getting the disqualification down as low as possible.

My client faced a maximum penalty for his Drug Driving offence of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 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 $107.10.

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

I provided submissions to the Magistrate in relation to why a conviction should not be recorded.

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

My client received a 1 month driver’s licence disqualification and a $200 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