ROMA: Drug Driving (Truck) Methylamphetamine No Conviction Recorded

I flew back to Roma Magistrates Court again recently to represent a client charged with 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 first time offender.

However, given my client was driving a Prime Mover and therefore driving for work purposes when charged, 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, including why I believed it was appropriate for a conviction not to be recorded.

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, a modest fine and No Conviction Recorded.

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