SANDGATE: Unlicensed Driving (SPER) No Conviction Recorded

I appeared at Sandgate Magistrates Court again recently, to represent a client charged with Unlicensed Driving SPER Suspended.

Essentially, my client forgot to pay a fine, and the State Penalties Enforcement Registry suspended their licence.

My client never received notification of the suspension.

That said, all the Police need to prove is that the letter was sent, lack of receipt is not a defence.

My client faced a maximum penalty for their Unlicensed Driving SPER Suspended offence of a lifetime driver’s licence disqualification, 12 months imprisonment and 40 penalty units.

My client also faced a Mandatory Minimum licence disqualification of no less than 1 month.

Given my client lived in a location not serviced by public transport, I made submissions to the Police in an attempt at having the charge downgraded.

Those submissions were accepted, and the charge was downgraded to the equivalent of my client having forgotten to renew their licence.

The downgraded charge carried no Mandatory Minimum disqualification period.

That said, 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 $121.90.

Further, persons who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $114.80.

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

I made forceful submissions with regard to the recording of a conviction.

I had my client attend a reformatory course.

I was able to persuade the Magistrate that a fine only was appropriate.

Accordingly, my client did not lose their licence.

I was further able to persuade the Magistrate that it was appropriate to order there be No Conviction Recorded.

My client was extremely happy.

Unlicensed Driving is a serious offence.

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

Regards

Andrew Wiseman, Wiseman Lawyers