IPSWICH: Unlicensed Drug Driving & Possess Cannabis No Convictions Recorded

I appeared at Ipswich Magistrates Court again recently, representing a client charged with five offences, namely Drug Driving (Drive While Relevant Drug Present), Unlicensed Driving SPER Suspended, Possess Dangerous Drug (Cannabis), Possess Anything Used in the Commission of a Crime and Possess Drug Utensils.

For the Drug Driving charge, my client faced a maximum penalty of 3 months imprisonment, 14 penalty units and a lifetime licence disqualification, with a Mandatory Minimum disqualification of 3 months due to being unlicensed.

For the Unlicensed Driving SPER Suspended charge, my client faced a maximum penalty of 1 year imprisonment, 40 penalty units and a lifetime licence disqualification, with a Mandatory Minimum disqualification of 1 month on top of the Drug Driving 3 months.

For the Possess Dangerous Drug charge, my client faced a maximum penalty of 15 years imprisonment.

For the Possess Anything Used in the Commission of a Crime charge, my client faced a maximum penalty of 15 years imprisonment.

For the Possess Drug Utensils charge, my client faced a maximum penalty of 2 years imprisonment.

Section 187 of the Penalties & Sentences Act allows Magistrates to hand down lifetime driver's licence disqualifications.

My client was not eligible to apply for a Work Licence, due to being unlicensed when intercepted.

When deciding how to deal with offenders such as my client, the courts have a number of options available.

A suspended term of imprisonment means that the client does not actually go to jail, but the term of imprisonment hangs over their head for a set period.

If the person returns to court for any other offence punishable by imprisonment during the set period, which a lot of seemingly minor offences are, the Magistrate has 2 options.

The Magistrate can either extend the length of the suspension period, in other words extend the period during which the term of imprisonment hangs over the person’s head, or activate the term of imprisonment.

Alternate to a suspended term of imprisonment, the Magistrate can hand down an intensive correction order, impose a term of imprisonment with immediate parole, or incarcerate the person by physically sending them to jail for a period.

An intensive correction order is a form of imprisonment which is served within the community.

Persons on an intensive correction order must report to the Probation & Parole office during their ordered period, and comply with any directions given.

If a person breaches an intensive correction order, by committing another offence or failing to comply with any given directions, they will be brought back before the court and resentenced for their original offence.

Imprisonment with immediate parole means that the client does not physically go to jail, but technically according to their record they did, however their court date is their release date.

Persons on parole must also report to the Probation & Parole office during their set parole period.

If a person breaches parole, by committing another offence or failing to comply with any given directions, they will be immediately imprisoned for the remainder of their prison term

Magistrates also have the option of imposing a fine and disqualification only.

I drafted detailed written summaries of the relevant case law.

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

I had my client complete a reformatory course, which went some way to show that my client had learned from their mistake.

I made comprehensive verbal submissions to the Magistrate.

I was successful in persuading the Magistrate to impose disqualifications and fines only.

My client received the Mandatory Minimum disqualifications of 1 plus 3 months, totaling 4 months, and a $1200 fine.

I was also able to persuade the Magistrate not to record convictions on all charges, both Traffic and Criminal.

Needless to say, my client was extremely relieved.

Wiseman Lawyers specialise in Disqualified Driving, DUI Drink Driving  and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers