I appeared at Beenleigh Magistrates Court again this morning to represent a client charged with Low Range DUI Drink Driving, with a blood alcohol concentration of 0.062.
My client was a first time offender.
However, given my client owned a rather lucrative fabrication business, the financial hardship required for a successful Work Licence application was not present.
It therefore would not have been appropriate to apply for a Work Licence, despite the fact that my client was otherwise eligible.
As a self-employed Fabricator, my client needed to drive to job sites in regional and other 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 the commercial nature of their role, my client 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 his DUI Drink Driving offence of 9 month driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
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 $300 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
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