HOLLAND PARK: Repeat Drug Driving (Truck) Methylamphetamine (Ice)

I appeared at Holland Park Magistrates Court again this morning representing a client charged with Repeat Drug Driving, otherwise known as Driving While Relevant Drug Is Present.

My client was found to have Methylamphetamine (Ice) in their system.

My client was a Repeat Offender, having previously been charged with the same offence 18 months prior.

Given my client was driving a Prime Mover and therefore driving for work purposes when charged, and given they had the previous within the last 5 years, they were not eligible to apply for a Drug Driving Work Licence.

Further, given they were driving a Prime Mover, they faced a Mandatory Minimum disqualification of no less than 3 months.

A person will not be eligible to apply for a work licence if it can be shown that they were driving for work purposes when intercepted.

Accordingly, my role was one of getting the disqualification down as low as possible.

My client faced a maximum penalty for their Drug Driving offence of a lifetime driver’s licence disqualification, 3 months imprisonment and 14 penalty units. 

Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.

A penalty unit in Queensland is currently valued at $113.85.

Further, persons who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.

I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.

I was able to persuade the Magistrate that a licence disqualification of no more than the Mandatory Minimum 3 months was appropriate.

My client received a 3 month driver’s licence disqualification, and a modest fine.

My client was extremely happy.

Drug Driving is a serious offence.

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

Regards

Andrew Wiseman, Wiseman Lawyers