ROCKHAMPTON: DUI Drink Driving 0.082

I flew up to Rockhampton Magistrates Court again on Friday to represent a client charged with Low Range Drink Driving, with a blood alcohol concentration of 0.082.

My client was a first time offender.

However, given my client was not going to lose their employment, it would not have been appropriate to apply for a Work Licence, 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 Civil Engineer, 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.

Ordinarily, I would push for a 1-2 month disqualification for such a reading.

However, given the minimal impact which a loss of licence was going to have upon my client's employment, evidenced by the lack of a Work Licence application, I knew it would be difficult to get it any lower than 3 months.

I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.

I handed up character references based on a template which I had earlier supplied to my client.

The Magistrate was satisfied that a licence disqualification of no more than 3 months was appropriate.

My client received a 3 month driver’s licence disqualification, along with a modest fine.

My client was pleased with the outcome.

DUI Drink Driving is a serious offence.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers