SOUTHPORT: DUI Drink Driving 0.173 No Conviction Recorded

I appeared at Southport Magistrates Court again earlier this week, representing a client charged with High Range Drink Driving, with a blood alcohol concentration of 0.173.

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

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

Accordingly, my role was one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.

Given my client worked in Aviation, they 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, 9 months imprisonment and 28 penalty units.

Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges. 

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 had my client attend a reformatory course which went some way to show the Magistrate that my client had educated themselves on the error of their ways.

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 6 months was appropriate.

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

My client received a 6 month driver’s licence disqualification, a modest fine and No Conviction Recorded.

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