TOOWOOMBA: High Range DUI Drink Driving 0.170

May 26, 2015

I drove up to Toowoomba Magistrates Court this morning to represent a client charged with High Range DUI Drink Driving with a blood alcohol concentration of 0.170.

The client was a first time offender.

The client was ineligible to apply for a DUI Drink Driving Work Licence, given his reading was higher than 0.149.

Accordingly, my job today was one of getting the licence disqualification down as low as possible.

The maximum penalty faced by my client for his DUI Drink Driving charge was a lifetime (otherwise known as absolute) licence disqualification, 9 months imprisonment and 28 penalty units.

As of today's date, a penalty unit in Queensland is worth $113.85.

In addition to the DUI Drink Driving penalties handed down by the Magistrate, anyone who pleads guilty or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $107.10.

While a term of imprisonment is technically a potential penalty, for a first time offender with this reading, such an outcome is highly unlikely.

I made comprehensive oral submissions to the Magistrate in relation to the difficulties which my client would suffer in the course of his employment if he was to receive a lengthy driver's licence disqualification.

Character references  were tendered on my client's behalf, which were structured off on a template which I had earlier supplied.

I was able to convince the Magistrate that a disqualification of no more than 8 months and a modest fine was the suitable penalty.

My client was very happy with the ouctome.

Regards

Andrew Wiseman, Wiseman Lawyers

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