IPSWICH: Drug Driving With Relevant Drug Present Repeat Offender

I recently appeared at Ipswich Magistrates Court representing a client charged with Drug Driving, also known as Driving While Relevant Drug is Present in Blood or Saliva, or Driving With Relevant Drug Present.

In 2010, my client received 3 months imprisonment wholly suspended for 12 months, for his fourth DUI Drink Driving charge within a very short period.

Whilst this was my client's first Drug Driving offence, as Drug Driving and Drink Driving are classed as the same type of offending, effectively this was his Fifth charge.

Given he received a suspended term of imprisonment last time, my job on this occasion was as much about keeping my client out of jail as it was saving his licence.

My client faced a maximum penalty of a 12 month driver’s licence disqualification, 3 months imprisonment and 14 penalty units.

At the time of writing this, a penalty unit in Queensland is worth $113.85.

Given the stakes were so high regarding the very real risk of imprisonment, I prepared detailed and lengthy written submissions summarising the relevant case law.

I also prepared detail oral submissions.

I had my client attend a reformatory course which went some way to convince the Magistrate that my client had turned over a new leaf, pardon the pun.

I had earlier provided my client with a character reference template to guide his referees through what the Magistrate needed to hear.

I spoke at length about the impact which both a term of imprisonment and a lengthy licence disqualification would have upon my client and his family.

I was able to persuade the Magistrate to hand down a 3 month driver's licence disqualification and a fine only.

There was no imprisonment, suspended or otherwise.

My client was deeply relieved.

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

Regards

Andrew Wiseman, Wiseman Lawyers