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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