BRISBANE: DUI Drink Driving 0.185 No Conviction Recorded

I appeared at Brisbane Magistrates Court this morning representing a client charged with High Range DUI Drink Driving, with a roadside blood alcohol concentration of 0.185.

The client was also charged with Failing to Provide a Specimen of Breath at the Police Station, and Obstruct & Assault Police.

The client basically had a psychotic episode when intercepted and then resisted arrest.

Of particular concern to the client was the recording of convictions, given her profession.

The client was a first time offender who had not previously lost her licence within the last 5 years.

However, given she was High Range, she was not eligible to apply for a Work Licence.

The client faced a maximum penalty of:

1. 9 months imprisonment, a lifetime licence disqualification and 28 penalty units for the High Range DUI Drink Driving; and
2. 9 months imprisonment, a lifetime licence disqualification and 28 penalty units for the Failure to Provide Specimen of Breath; and; and
3. 6 months imprisonment and 40 penalty units for the Assault & Obstruct Police.

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. 

My client faced a Mandatory Minimum driver’s licence disqualification of 12 months, comprising 6 months for the High Range DUI Drink Driving plus 6 months for the Fail to Provide Specimen of Breath. 

I was able to negotiate the withdrawal of the High Range DUI Drink Driving charge with Police Prosecutions. 

I drafted detailed written submissions in support of my argument that, in this instance, convictions should not be recorded for the 2 remaining charges.

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

I was able to persuade the Magistrate not to record convictions for the Failure to Provide a Specimen of Breath and the Assault & Obstruct Police.

My client received a 7 month driver's licence disqualification and a combined $750 fine.

My client was understandably relieved.

Regards

Andrew Wiseman, Wiseman Lawyers