GATTON: DUI Drink Driving 0.057 Work Licence Granted No Conviction Recorded
I appeared at Gatton Magistrates Court again this morning, representing a client charged with DUI Drink Driving, with a blood alcohol concentration of 0.057.
My client had not previously lost their licence within the 5 years prior.
My client was therefore eligible to apply for a DUI Drink Driving Work Licence, and that is what I was instructed to do.
Given the ramifications which a recorded conviction could have had upon my client's career, I was also instructed to push for No Conviction Recorded.
My client’s role required that they attend locations not properly serviced by public transport, or at all.
My client faced a maximum penalty of a lifetime driver's licence disqualification, 3 months imprisonment and 14 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 $121.90.
Further, persons who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $114.80.
I drafted a 10 page Affidavit in support of my client’s Drink Driving Work Licence application.
I also drafted a 6 page Affidavit for my client's employer to sign.
I covered a number of matters in the Affidavit materials, including the financial liabilities which would not be met if my client lost their income.
I also made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I was able to persuade the Magistrate to grant my client’s DUI Drink Driving Work Licence application.
My client's licence was disqualified for 2 months and they were fined $350.
The Work Licence order overlaps the disqualification period, allowing my client to continue driving for work purposes only.
So for work purposes, my client effectively has not lost their licence.
The Magistrate also ordered there be No Conviction Recorded.
My client was very happy with the outcome.
Wiseman Lawyers specialise in DUI Drink Driving, Drug Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
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