SOUTHPORT: Repeat High Range 0.232 DUI Drink Driving 2nd In 5 Years

I appeared at Southport Magistrates Court again recently to represent a client charged with Repeat High Range Drink Driving, with a blood alcohol concentration of 0.232.

The offence occurred 2 weeks prior to the final court date.

My client had previously been charged with DUI 3 years earlier.

Given my client blew High Range, and given they had been charged previously within the last 5 years, they were not eligible to apply for a Drink Driving Work Licence.

My client faced a maximum penalty of 12 months imprisonment, a lifetime licence disqualification and 30 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 $110.90. 

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

Being a Plumber, my client needed to transport themself to locations not properly serviced by public transport, or at all.

I made detailed and lengthy verbal submissions to the Magistrate on why my client should be treated differently to most persons in their situation.

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 12 months was appropriate.

My client received a 12 month driver's licence disqualification and a modest fine.

My client was extremely relieved.

DUI is a serious offence.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers