I appeared at Sandgate Magistrates Court again this morning, to represent a client charged with Unlicensed Driving, for having driven on an expired licence.
My client was charged as a Repeat Offender.
As a Repeat Offender, my client faced a Mandatory Minimum licence disqualification of no less than 1 month, with a lifetime maximum.
There is no provision for a work or hardship licence for persons charged with Unlicensed Driving.
Accordingly, my role was one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.
As a Fabricator, my client needed to travel to locations not properly serviced by public transport, or at all.
My client faced a maximum penalty for their Unlicensed Driving offence of a lifetime driver’s licence disqualification, 1 year imprisonment and 40 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.
Given the fact that my client's family was to expand with the birth of a child in December, I felt it appropriate to make written submissions to Police Prosecutions prior to court, in an attempt at persuading the removal of the Repeat Offender aggravation.
My written submission were accepted, and with the removal of that aggravating feature from the charge, the mandatory minimum 1 month disqualification no longer applied.
My client did still face, however, a maximum penalty of a lifetime driver’s licence disqualification, 1 year imprisonment and 40 penalty units.
I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I had my client attend a reformatory course which went some way to show the Magistrate that my client had educated themselves on the potential ramifications of their oversight.
I was able to persuade the Magistrate that a licence disqualification was not necessary, and that a fine only was appropriate.
My client received a $200 fine only, and their licence was not disqualified.
My client was understandably extremely relieved.
Unlicensed Driving is a serious offence.
Wiseman Lawyers specialise in Unlicensed Driving, DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
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