I flew up to Gladstone Magistrates Court this morning to act for a client charged with Mid Range DUI Drink Driving with a blood alcohol concentration of 0.136.
He was a first time offender whom had not previously lost his licence within the previous 5 years.
Accordingly, he was eligible to apply for a Work Licence, and that is what he instructed me to do.
The client was employed as a Bitumen Sprayer who lives outside of Gladstone, but carries out works throughout Central Queensland.
A loss of his licence would not only have made it hard for him to get to and from work, but also to and from his numerous job sites.
He faced a maximum penalty of 9 months imprisonment and 28 penalty units.
The maximum 12 month licence disqualification is doubled to 24 months when a DUI Drink Driving Work Licence is applied for.
A penalty unit in Queensland is presently valued at $113.85.
In addition to this, people who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $107.10.
I drafted a 10 page Affidavit in support of the DUI Drink Driving Work Licence application.
The Affidavit covered a number of matters, including the financial liabilities which would not be met if he lost his income.
I drafted a further Affidavit for his employer to sign which set out the consequences of a loss of licence.
I also made comprehensive verbal submissions to the Magistrate covering a number of key issues.
I was able to persuade the Magistrate to grant my client’s DUI Drink Driving Work Licence application.
My client received a 7 month driver’ licence disqualification and a $900 fine.
The Work Licence order overlaps the 7 month disqualification period, allowing my client to continue driving for work purposes only.
So for work purposes, the client effectively has not lost his licence.
My client was extremely relieved.
Regards
Andrew Wiseman, Wiseman Lawyers
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