ROMA: High Range 0.179 DUI Drink Driving With Collision

September 01, 2015

I flew to Roma Magistrates Court again this morning to represent a client charged with High Range DUI Drink Driving, with a blood alcohol concentration of 0.179.

My client was involved in a collision.

Given my client blew High Range, they were not eligible to apply for a DUI Drink Driving Work Licence.

Further, my client had previously lost their licence due to the accumulation of too many Demerit Points within the 5 years prior, which also made them ineligible to apply for a Work Licence.

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 of 9 months imprisonment, a lifetime licence disqualification and 28 penalty units.

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 in Roma, which is a regional location, 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 the impact which a long disqualification would have had upon my client's well being and lifestyle.

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

I was able to persuade the Magistrate that a disqualification of no more than 8 months was appropriate.

My client received an 8 month driver's licence disqualification and a modest fine.

My client was extremely relieved.

DUI Drink Driving is a serious offence.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers

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