TOWNSVILLE: DUI Drink Driving 0.100 No Conviction Recorded

I flew up to Townsville Magistrates Court again on Friday to represent a client charged with Mid Range Drink Driving, with a blood alcohol concentration of 0.100.

Aggravating the charge was the fact that my client's infant son was in the vehicle at the time.

My client was a first time offender who had not lost their licence within the last 5 years.

However, given they were a Doctor, it was implausible that they would lose their job if they lost their licence.

Accordingly, despite otherwise being eligible, it was not appropriate for me to apply for a DUI Work Licence on my client's behalf.

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

As a Doctor, my client’s role required that they attend the local hospital at short or no notice, outside of public transport hours.

Further, given my client was a Doctor, who needed to renew their registration periodically, they held grave concerns with regard to the recording of a conviction.

My role was therefore also one of trying to persuade the Magistrate not to record a conviction.

My client faced a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 20 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 also drafted detailed written submissions of the relevant case law and legislation.

I provided submissions to the Magistrate in relation to why a conviction should not be recorded.

Ordinarily I would push for the Mandatory Minimum 3 month licence disqualification in these circumstances.

However, given the charge was aggravated by the presence of a child passenger, I saw fit to submit a window of 3-4 months.

I was able to persuade the Magistrate that a licence disqualification of no more than 4 months was appropriate.

I was also able to persuade the Magistrate not to record a conviction.

My client received a 4 month driver’s licence disqualification, a modest fine and No Conviction Recorded.

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