BRISBANE: DUI Drink Driving 0.061 No Conviction Recorded

I appeared at Brisbane Magistrates Court again this morning to represent a client charged with Low Range DUI Drink Driving, with a blood alcohol concentration of 0.061.

My client was a first time offender.

However, given my client was the holder of an International Licence, they were not eligible to apply for a Work Licence.

To be eligible to apply for a Work Licence, an applicant needs to be, among other things, the holder of an open Queensland licence when charged.

As an Aged Care Worker, my client needed to drive to locations not properly serviced by public transport or at all.

Accordingly, my role was one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.

Given my client intended to apply for Permanent Residency and then Australian Citizenship when eligible, they held grave concerns with regard to the recording of a conviction.

My role was therefore also one of trying to persuade the Magistrate not to record a conviction.

My client faced a maximum penalty for their DUI Drink 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.

I was also able to persuade the Magistrate not to record a conviction.

My client received a 1 month driver’s licence disqualification, a $200 fine and No Conviction Recorded.

My client was extremely happy.

DUI Drink Driving is a serious offence.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers