CLEVELAND: Unlicensed Driving SPER Suspended No Conviction Recorded

I appeared at Cleveland Magistrates Court again this morning, 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.

As a Veterinarian, my client needed to drive to locations not properly serviced by public transport, or at all.

Given my client needed to maintain professional registration, 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 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 provided submissions to the Magistrate in relation to why a conviction should not be recorded.

I was able to persuade the Magistrate that a licence disqualification of no more than 1 month was appropriate.

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

My client received a 1 month driver’s licence disqualification, a $300 fine and No Conviction Recorded.

Unlicensed Driving is a serious offence.

Wiseman Lawyers specialise in Unlicensed Driving, DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers