IPSWICH: How to Apply For a DUI Drink Driving Restricted Work Licence

I drove to Ipswich Magistrates Court earlier this week to represent a client charged with Mid Range Drink Driving, with a blood alcohol concentration of 0.140.

The client was a Repeat Offender, having previously been charged on 5 occasions, with readings of 0.093, 0.049 (on P plates), 0.045 (on P Plates), 0.059 and 0.122.

I had not previously acted for this client.

He received 2 years Probation on the last occasion.

Probation means that a defendant must regularly report to the Probation & Parole office and throughout the Probation period. They must attend any counselling or training or drug and alcohol testing which the office requires.

To his credit, however, the client’s last offence was in 2007.

As much as my job was one of saving this client’s licence, it was also one of avoiding a term of imprisonment.

That said, the client insisted I apply for a DUI Work Licence.

A DUI Drink Driving Work Licence overlaps a court ordered disqualification, allowing the defendant to continue driving for work purposes only.

One of the numerous elements which must be addressed is the question of whether or not the person is a ‘fit and proper person’ to be given another chance on the road.

I was gravely concerned about the high likelihood of imprisonment, along with the almost certain rejection of the restricted licence application.

However, the client insisted, so I undertook to push the work licence application as hard as I could.

The client faced a maximum penalty of a 12 month driver’s licence disqualification, 9 months imprisonment and 28 penalty units.

At the time of writing this, a penalty unit in Queensland is worth $113.85.

Given the very real risk of imprisonment, I brought all of the relevant case law with me.

I also prepared lengthy Affidavit materials in support of the DUI Drink Driving Work Licence application.

You never know which way the matter will go in situations like this. Will it be a case of the Magistrate focusing on the timeframe since the earlier offending and then simply dealing with the restricted licence application?

Or will the Magistrate be agitated by the hide of somebody with my client’s history even applying when they know full well the issue at hand is whether or not they should be going to jail.

I had my client completed a detailed reformatory course which went some way to highlight the person which my client has become.

I had my client obtain character references based on a template which I had provided.

I was able to persuade the Magistrate to focus on the client’s lack of offending since 2007, as well as the steps which he had taken to stay on top of his demons during that period.

I was able to convince the Magistrate that a disqualification and fine only were appropriate, rather than any term of imprisonment, suspended or otherwise.

The Magistrate focused upon the DUI Drink Driving Work Licence application.

I was able to persuade the Magistrate to grant my client’s application.

Regards

Andrew Wiseman, Wiseman Lawyers