IPSWICH: High Range 0.152 Repeat DUI Drink Driving With Collision
I appeared at Ipswich Magistrates Court again this morning to represent a client charged with High Range Repeat Drink Driving, with a blood alcohol concentration of 0.152.
The offence occurred 4 weeks ago, at which time my client was involved in a single vehicle accident.
My client had previously been disqualified for 14 months for High Range DUI.
However, I did not act for my client on the previous occasion, and that prior offence occurred more than 5 years ago.
My client had not lost their licence for any other reason within the last 5 years.
However, given they blew High Range, they were not eligible to apply for a Drink Driving Work Licence.
My client faced a maximum penalty of 9 months imprisonment, a lifetime licence disqualification and 28 penalty units.
My client faced a Mandatory Minimum licence disqualification of no less than 6 months.
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 $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Being a Machinery Fitter, my client needed to transport themself to locations not properly serviced by public transport, or at all.
I made detailed and lengthy verbal submissions to the Magistrate on why my client should be treated differently to most persons in their situation.
I also drafted detailed written submissions of the relevant case law and legislation.
I prepared detailed Affidavit materials setting out, among other things, the lessons learned at a reformatory course which I had my client attend.
I was able to persuade the Magistrate that a disqualification of no more than the Mandatory Minimum 6 months was appropriate.
My client received a 6 month driver's licence disqualification and a modest fine.
My client was extremely relieved.
DUI is a serious offence.
Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
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