REDCLIFFE: DUI Drink Driving 0.106

August 11, 2015

I appeared at Redcliffe Magistrates Court again this morning to represent a client charged with Mid Range DUI Drink Driving, with a blood alcohol concentration of 0.106.

My client was a first time offender.

However, as my client was a highly valued member of his place of employment, a disqualification was not going to result in a loss of employment.

It therefore would not have been appropriate to apply for a Work Licence, despite the fact that my client was otherwise eligible.

That said, my client’s role as a Gas Well Supervisor did require regular travel to regional and other 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 Drink Driving offence of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units. 

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.

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

My client faced a Mandatory Minimum driver's licence disqualification of 3 months, meaning the Magistrate had no power to give any less than that.

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

I was able to persuade the Magistrate that a licence 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 extremely happy.

DUI Drink Driving is a serious offence.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers

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