MACKAY: DUI Drink Driving 0.143 Work Licence Eligible But No Application

I flew up to Mackay Magistrates Court this morning to represent a client charged with Mid Range DUI Drink Driving with a blood alcohol concentration of 0.143.

The client was a first time offender.

The client was eligible to apply for a DUI Drink Driving Work Licence.

However, given he was a multimillionaire owner of a company with a $5 million per annum turn over, it would have been highly inappropriate and unethical for me to try to persuade the Magistate that he would suffer extreme and severe financial hardship if he were to lose his licence.

Accordingly, my job was one of getting the licence disqualification down as low as possible.

The maximum penalty faced by my client for his DUI Drink Driving charge was a 12 month licence disqualification, 9 months imprisonment and 28 penalty units.

At the time of writing, a penalty unit in Queensland is worth $113.85.

Further to these DUI Drink Driving penalties, all persons pleading or being found guilty in the Magistrates Court must pay the Offender Levy, which is currently worth $107.10.

Although imprisonment is technically a potential penalty, for a first time offender with this reading, the reality is it is not an expected outcome.

I made solid submissions to the Magistrate with regard to the difficulties which my client's business would suffer if a lengthy disqualification was imposed. despite the fact that he could afford to pay a dedicated driver.

I handed up a number of character references which were based on a template which I had earlier supplied to the client.

I was able to convince the Magistrate that a disqualification of no more than 6 months and a modest fine were appropriate

My client was very pleased.

Regards

Andrew Wiseman, Wiseman Lawyers