I appeared at Sandgate Magistrates Court again recently, to represent a client charged with Unlicensed Driving Whilst SPER Suspended.
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.
My client needed to drive outside of public transport hours.
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 $110.90.
I made submissions to Police Prosecutions that a lesser charge without a mandatory disqualification was warranted, which were accepted.
I was able to persuade the Magistrate that a fine only was appropriate.
My client was very happy.
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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