CLEVELAND: DUI Drink Driving 'P' Plater Repeat Offender

I appeared at Cleveland Magistrates Court again this morning to represent a client charged with Repeat Drink Driving, with a blood alcohol concentration of 0.029 whilst on a permissible concentration of Zero.

My client had twice previously been charged with Low Range Drink Driving, firstly 6 years ago, and then again 1 year ago.

When a person gets their licence back after having served a court ordered disqualification, irrespective of how that disqualification came about, they must serve a 12 month Zero blood alcohol concentration period.

My client was self-represented when dealt with for their 2 previous charges, and therefore, there was no lawyer to reiterate the meaning and impact of the penalties handed to them, as I always do with each of my clients after court.

The law changed after my client's first offence, but prior to their second offence, from returning persons aged 25 and over to a permissible blood alcohol concentration of 0.05 after a court ordered disqualifiication, to one of Zero for 12 months.

Given my client had previously lost their licence within the last 5 years, they were not eligible to apply for a Work Licence.

As a Construction Labourer, my client needed to drive to locations not properly serviced by public transport or at all.

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

My client faced a maximum penalty for their DUI offence of a lifetime driver’s licence disqualification, 1 year imprisonment and 30 penalty units. 

My client faced a Mandatory Minimum licence disqualification of no less than 3 months.

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 $107.10.

I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.

I was able to persuade the Magistrate that a licence disqualification of no more than the Mandatory Minimum 3 months was appropriate.

My client received a 3 month driver’s licence disqualification, along with a modest fine.

My client was extremely happy.

DUI is a serious offence.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers