WYNNUM: DUI Drink Driving 0.196 Repeat Offender

I appeared at Wynnum Magistrates Court again this morning to represent a client charged with High Range DUI Drink Driving, with a blood alcohol concentration of 0.196.

My client had previously been charged with High Range Drink Driving in 2010, as well as Low Range DUI in 2008.

That said, my client had not 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.

Given the offending had occurred within a relatively short time frame, my client faced the very real risk of imprisonment.

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.

Working in hospitality, my client would have suffered a prolonged period of unemployment if they were to receive a lengthy disqualification.

I made detailed and lengthy verbal submissions to the Magistrate on the impact which a long disqualification would have had upon my client's home life.

I also drafted detailed written submissions of the relevant case law and legislation.

I made forceful submissions to the Magistrate that an order of Probation would be a more appropriate way of dealing with my client's underlying issues than a term of imprisonment.

Probation basically means that a person must regularly report to the Probation office for a set period, and engage in any recommended counselling or alcohol addiction treatment as required.

Probation is less a punishment and more a supervisory order.

Probation basically allows the court to supervise the progress of a person’s rehabilitation.

I was able to persuade the Magistrate that a disqualification of no more than 12 months was appropriate.

My client received a 12 month driver's licence disqualification, and 12 months Probation.

My client was naturally quite relieved.

DUI Drink Driving is a serious offence.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers