TOOWOOMBA: Repeat DUI Drink Driving 0.081 Prior 0.183 In 5 Years

I appeared at Toowoomba Magistrates Court again today, representing a client charged with Repeat DUI Drink Driving, with a blood alcohol concentration of 0.081.

My client had previously been charged within the last 5 years with a reading of 0.183.

Given that previous was within the last 5 years, my client was not eligible to apply for a work licence.

Further, given my client had a previous High Range offence within 5 years, they faced a Mandatory Minimum licence disqualification of no less than 9 months.

My client faced a maximum penalty for their Repeat DUI offence of a lifetime driver’s licence disqualification, 12 months imprisonment and 30 penalty units. 

A penalty unit in Queensland is currently valued at $121.90.

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

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 was able to persuade the Magistrate that a licence disqualification of no more than the Mandatory Minimum 9 months in this instance was appropriate.

The Magistrate was also persuaded not to record a conviction.

My client received the Mandatory Minimum 9 month driver’s licence disqualification and a modest fine, with No Conviction Recorded.

My client was extremely relieved.

DUI Drink Driving is a serious offence.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers