TOOWOOMBA: Drug Driving (Cannabis) Prior Repeat DUI Drink Driving

I appeared at Toowoomba Magistrates Court again this morning, to represent a client charged with Drug Driving, otherwise known as Driving While Relevant Drug is Present.

My client was found to have Cannabis in their system.

My client was a first time Drug Driving offender, although they had been charged with Low Range Drink Driving twice previously, as well as Dangerous Driving.

That said, all of the abovementioned previous offending occurred more than 5 years ago.

My client had not otherwise lost their licence for any reason within the last 5 years.

However, given my client was not going to lose their job, it was not appropriate to apply for a Work Licence, despite my client being otherwise eligible to do so.

That said, my client needed to drive to locations not properly serviced by public transport or at all.

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

My client faced a maximum penalty for their DUI Drink 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 had my client attend a reformatory course.

I was able to persuade the Magistrate that a licence disqualification of no more than 1 month was appropriate.

My client received a 1 month licence disqualification and a modest fine.

My client was extremely happy.

DUI Drink Driving is a serious offence.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers