NOOSA: DUI Drink Driving 0.090 No Conviction Recorded

I appeared at Noosa Magistrates Court again this morning to represent a client charged with Low Range DUI Drink Driving, with a blood alcohol concentration of 0.090.

My client was a first time offender.

However, given my client was a stay at home parent, 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 a stay at home parent does not garnish a driver's licence dependent income from their role.

That said, as a stay at home parent residing in a regional area, my client needed to drive to locations not properly serviced by public transport or at all, in caring for their children.

Given my client's spouse was employed in a fly in fly out type role, my client spends a great deal of time caring for their children without assistance.

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 planned to re-enter the work force next year after a decade long sabatical to raise children, 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 2 months was appropriate.

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

My client received a 2 month driver’s licence disqualification, a $600 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