BRISBANE: DUI Drink Driving 0.058 Work Licence Ineligible

May 23, 2015

 I appeared at Brisbane Magistrates Court this morning to represent a client charged with Low Range DUI Drink Driving with a blood alcohol concentration of 0.058.

The client was a first time offender.

However, due to a Demerit Point Suspension within the previous 5 years, he was not eligible to apply for a DUI Drink Driving Work Licence.

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

The maximum penalty faced by my client was a 9 month licence disqualification, 9 months imprisonment and 28 penalty units.

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

In addition to these penalties, all defendants pleading or being found guilty in the Magistrates Court must pay the Offender Levy, which as of today is worth $107.10.

Whilst imprisonment is technically a potential penalty, for a first time offender with this reading it is realistically not an expected outcome.

I made comprehensive submissions to the Magistrate with regard to the devastation which would be borne upon my client if a lengthy disqualification was imposed.

I also tendered several character references which were based on a template which I had earlier provided to the client.

I was successful in persuading the Magistrate that the mandatory minimum 1 month disqualification was appropriate, with a small fine.

My client was extremely relieved.

Regards

Andrew Wiseman, Wiseman Lawyers

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