PINE RIVERS: Evade Police While DUI 0.242 Drink Driving

I appeared at Pine Rivers Magistrates Court again this morning to represent a client charged with Evade Police and High Range DUI Drink Driving, with a blood alcohol concentration of 0.242.

My client was a first time offender.

As my client’s blood alcohol concentration was 0.150 or higher, my client was not eligible to apply for a DUI Drink Driving Work Licence.

As a shift worker with 2 jobs, my client needed to drive to locations not properly serviced by public transport or at all.

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

My client faced a maximum penalty for their DUI Drink Driving offence of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units. 

For the Evade Police charge, my client faced a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.

For that charge, my client also faced a Mandatory Minimum 2 year driver’s licence disqualification and a Mandatory Minimum $5500 fine.

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 submissions to Police Prosecutions prior to court.

It is the intent of the Evade Police legislation to punish persons who are the subject of Police pursuits.

My client simply delayed when Police signalled for her to pull over.

I was able to persuade Police Prosecutions to drop the Evade Police charge, and replace it with the lesser Fail To Comply With Requirement To Stop charge, which carries no mandatory disqualification.

That in itself saved my client a 2 year loss of licence.

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 12 months was appropriate.

My client received a 12 month driver’s licence disqualification and a $1400 fine.

My client was extremely happy.

Wiseman Lawyers specialise in DUI Drink Driving, Evade Police and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers