HOLLAND PARK: DUI Drink Driving 0.062 No Conviction Recorded

 I drove to Holland Park Magistrates Court this morning to represent a client charged with Low Range DUI Drink Driving with a blood alcohol concentration of 0.062.

The client was a first time offender who had not previously lost his licence within the last 5 years.

Ordinarily he would have been eligible to apply for a DUI Drink Driving Work Licence, however, given he is not the holder of a Queensland licence, this is not the case.

The client actually lives in Hong Kong and was in Australia visiting relatives.

He had since returned to Hong Kong, so I requested my client be permitted to appear by telephone, with my physical appearance at the courthouse.

My request was granted, however, I was further able to persuade the Magistrate to hear the matter in the client’s complete absence, given I was personally in appearance.

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

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

Further, all persons pleading or being found guilty in the Magistrates Court must pay the Offender Levy, which at the time of writing is worth $107.10.

Whilst imprisonment is technically a potential penalty, practically it is not.

Given my client is not in Australia, I was not able to have him attend the reformatory courses which I normally have clients attend, and given he engaged us at the last minute, I did not have any character references to hand up.

That said, I did prepare detailed oral submissions, particularly with regard to the impact which a recorded conviction would have upon my client.

I was able to persuade the Magistrate to hand down the mandatory minimum 1 month disqualification.

The Magistrate was persuaded that it was appropriate for there to be No Conviction Recorded.

Needless to say, my client was extremely happy.

Regards

Andrew Wiseman, Wiseman Lawyers