MAROOCHYDORE: DUI Drink Driving 0.094 Repeat Offender

August 20, 2015

I appeared at Maroochydore Magistrates Court again this afternoon to represent a client charged with Repeat Drink Driving, with a blood alcohol concentration of 0.094.

My client had previously been charged with Drink Driving within the 5 years prior.

Given this was my client's second DUI offence in 5 years, they were not eligible to apply for a Work Licence.

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

A penalty unit in Queensland is currently worth $113.85.

In addition to this, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $107.10. 

Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.

Being a Construction Foreman, my client needed to transport themself to locations not properly serviced by public transport, or at all.

I made detailed and lengthy verbal submissions to the Magistrate on the impact which a long disqualification would have had upon my client.

I also drafted detailed written submissions of the relevant case law and legislation.

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 disqualification of no more than 3 months was appropriate.

My client received a 3 month driver's licence disqualification and a modest fine.

My client was naturally quite relieved.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers

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