BRISBANE: DUI Drink Driving 0.154 No Conviction Recorded

I appeared at Brisbane Magistrates Court again this morning to represent a client charged with High Range DUI Drink Driving, with a blood alcohol concentration of 0.154.

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

However, given they blew High Range, they were not eligible to apply for a Work Licence.

My client faced a maximum penalty of 9 months imprisonment, a lifetime licence disqualification and 28 penalty units.

A penalty unit in Queensland is currently worth $113.85.

In addition to this, anyone who pleads or is 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.

Ordinarily, I achieve a 6-8 month disqualification for this level of offending.

Given my client’s employment as a Journalist, however, they held grave concerns with regard to the recording of a conviction, more so than with regard to the loss of their licence.

The particular Magistrate today almost always records convictions for High Range charges.

The Magistrate even stated, in response to my initial submissions, that there was no reason why my client should be treated any differently.

It was then that I took the ‘can’t have your cake and eat it too’ approach, and began to play down my client’s need for a licence, in the hope of ‘trading off’ disqualification time for the non-recording of a conviction.

I handed up detailed written submissions which I had earlier prepared in support of my argument that a conviction should not be recorded.

I also handed up case law and other documentary evidence.

I spoke at length about the difficulties which would be borne upon my client's career if a conviction was to be recorded.

Fortunately, I was able to persuade the Magistrate to re-evaluate their position and to not record a conviction.

My client received a 9 month driver's licence disqualification, a $1000 fine and No Conviction Recorded.

My client was understandably relieved.

Regards

Andrew Wiseman, Wiseman Lawyers