I appeared at Sandgate Magistrates Court again recently to represent a client charged with Mid Range Drink Driving, with a blood alcohol concentration of 0.120.
Aggravating the charge was the fact that my client was a P plater, with a permissible blood alcohol concentration of zero.
Further, my client was involved in a collision.
Given my client was a P plater, they were not eligible to apply for a DUI Work Licence.
My role was therefore one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.
My client’s role required that they attend locations at short or no notice, outside of public transport hours.
My client faced a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 20 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 $110.90.
I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I also drafted detailed written submissions of the relevant case law and legislation.
I was able to persuade the Magistrate that a licence disqualification of no more than 5 months was appropriate.
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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