BRISBANE: Third DUI Drink Driving Second in 5 Years

I appeared at Brisbane Magistrates Court again this morning, to represent a client charged with their third DUI Drink Driving offence, being their second within the last 5 years, with a blood alcohol concentration of 0.067.

My client had previously been charged with blood alcohol concentrations of 0.103 and 0.081.

Given my client had previously lost their licence within the 5 years prior, and given they were the holder of a New South Wales driver's licence, they were not eligible to apply for a Work Licence.

That said, given this was their third DUI offence in a relatively short time frame, my client did face the very real possibility of a penalty more severe than just a licence disqualification and fine.

Accordingly, my role was one of getting the disqualification down as low as possible, and ensuring that was all that happened, as opposed to applying for a Work Licence.

My client faced a maximum penalty for their DUI offence of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 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 $107.10.

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

I also prepared detailed written submissions of the relevant case law and legislation.

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

Further, as the Police had made an error in their paperwork, I was able to persuade the Magistrate to ignore the previous Drink Driving conviction within the last 5 years in deciding the penalty.

My client received a 1 month driver’s licence disqualification and a $350 fine.

My client was extremely grateful.

Wiseman Lawyers specialise in Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers