MACKAY: High Range 0.196 DUI Drink Driving

August 12, 2015

I flew up to Mackay Magistrates Court again this morning to represent a client charged with High Range DUI Drink Driving, with a blood alcohol concentration of 0.196.

My client had not lost their licence within the last 5 years.

However, given they blew High Range, they were not eligible to apply for a DUI Drink Driving 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.

Being newly unemployed, my client would have suffered a prolonged period of unemployment if they were to receive a lengthy disqualification.

I made detailed and lengthy verbal submissions to the Magistrate on the impact which a long disqualification would have had upon my client's home life.

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 9 months was appropriate.

My client received an 9 month driver's licence disqualification and a modest fine.

My client was naturally quite 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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