HOLLAND PARK: DUI Drink Driving 0.143 No Conviction Recorded

I appeared at Holland Park Magistrates Court again on Friday to represent a client charged with Mid Range Drink Driving, with a blood alcohol concentration of 0.143.

My client was a first time offender who had not lost their licence within the last 5 years.

However, given they were not going to lose their job, it was not appropriate to apply for a DUI Work Licence.

To be eligible to apply for a Work Licence, an applicant needs to show their employment will be terminated if they lose their licence, which was not the case for my client.

Accordingly, my role was 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 not properly serviced by public transport, or at all.

For a number of reasons, my client 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 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. 

My client faced a mandatory minimum licence disqualification of 3 months, meaning the Magistrate had no choice but to hand down a disqualification of no less than that.

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 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 3 months was appropriate.

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

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