BEENLEIGH: Unlicensed Driving Repeat Offender Never Held A Licence

I appeared at Beenleigh Magistrates Court again today, to represent a client charged with Repeat Unlicensed Driving.

Given my client was formally charged as a Repeat Offender, they 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.

As a Tiler, my client needed to transport himself to various locations not properly serviced by public transport or at all.

That said, my client's employer collected them from home and dropped them off each day, and drove them to job sites.

So their employment was not particularly driver's licence dependent.

However, with the recent passing of their brother, my client remained as the sole carer of his elderly and ill parents, for which the need for a driver's licence had now arisen.

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

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.

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 1 month was appropriate.

My client received a 1 month driver’s licence disqualification and a $200 fine.

My client was 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