HOLLAND PARK: DUI Drink Driving 0.165 Collision No Conviction Recorded

I appeared at Holland Park Magistrates Court again this morning to represent a client charged with High Range DUI Drink Driving, with a blood alcohol concentration of 0.165.

My client was involved in a collision, having smashed into 2 parked cars.

My client 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.

As a Diesel Fitter who does fly in fly out work in certain South Pacific countries, and with in situ roles always on offer, my client held grave concerns with regard to the recording of a conviction, particularly in relation to their ability to obtain permanent residency at these locations.

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.

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

My client received a 6 month driver's licence disqualification, a $600 fine and No Conviction Recorded.

My client was naturally quite pleased.

Regards

Andrew Wiseman, Wiseman Lawyers