WYNNUM: DUI Drink Driving 0.074 Repeat Offender

I appeared at Wynnum Magistrates Court again this morning to represent a client charged with Repeat Drink Driving, with a blood alcohol concentration of 0.074.

My client had previously been charged with a blood alcohol concentration of 0.073.

However, given my client's previous was not within the last 5 years, they were at first instance eligible to apply for a Work Licence.

That said, given my client was not going to lose their employment, it would not have been appropriate to make such an application, despite the fact that my client was otherwise eligible.

To be eligible to apply for a Work Licence, an applicant needs to be able to show, among other things, the financial loss which would occur as a direct result of a loss of licence.

Obviously an applicant will not be able to show such a loss if their employment income is going to continue.

That said, as a Sales Representative, 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.

My client faced a maximum penalty for their DUI 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 had my client attend a reformatory course which went some way to show the Magistrate that my client had educated themselves on the error of their ways.

I was able to persuade the Magistrate that a licence disqualification of no more than 1 month was appropriate.

My client received a 1 month driver’s licence disqualification, along with a $400 fine.

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