I appeared at Toowoomba Magistrates Court again today to represent a client charged with Repeat High Range Drink Driving, with a blood alcohol concentration of 0.182.
My client had previously been charged with Mid Range DUI.
However, the previous was outside of the last 5 years.
Given my client blew High Range, they were not eligible to apply for a Drink Driving Work Licence.
My client faced a maximum penalty of 9 months imprisonment, a lifetime licence disqualification and 28 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to this, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
My client's employment required they transport themselves to locations not properly serviced by public transport, or at all.
I made detailed and lengthy verbal submissions to the Magistrate on why my client should be treated differently to most persons in their situation.
I also drafted detailed written submissions of the relevant case law and legislation.
I was able to persuade the Magistrate that a disqualification of no more than 6 months was appropriate.
My client received a 6 month driver's licence disqualification and a modest fine.
My client was extremely relieved.
DUI is a serious offence.
Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
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