VIDEO: Unlicensed Driving Demerit Point Suspended Normanton Mags Ct

I recently flew from Brisbane to Normanton Magistrates Court in the Gulf of Carpentaria to represent a client charged with repeat Unlicensed Driving While Demerit Point Suspended.

My client was unaware that he was suspended, as he never received the Queensland Transport suspension notice.

Unfortunately, in Queensland, once a Queensland Transport or State Penalties Enforcement Registry suspension notice is posted, it is deemed served.

In other words, you are at law considered to have received it once it has been posted.

So, all that needs to be proven for a person to be found guilty is that the notice had been mailed.

Persons charged with Demerit Point Suspended Unlicensed Driving in Queensland face a maximum penalty of a 6 month driver’s licence disqualification, 1 year imprisonment and 40 penalty units.

Magistrates also have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.

At the time of appearing at Normanton I was of the opinion that it was unlikely a Magistrate would exercise this general power.

However, I am now seeing more and more instances of Magistrates handing down disqualifications beyond that of the mandatory 6 months.

A penalty unit in Queensland is currently valued at $113.85.

I was able to negotiate, or ‘plea bargain’, a lesser charge for my client with Police Prosecutions.

The Prosecutors amended the charge to Unlicensed Driving ‘Simplicita’, which is the same charge a person receives for having driven on an expired licence.

Unlicensed Driving Simplicita carried no mandatory licence disqualification.

I was able to persuade the Magistrate to impose a $100 fine only.

To confirm, my client did not lose their licence.

When I attend regional courts I like to film episodes of our YouTube series 'Wiseman Lawyers Ride Alongs'.

I do this partly to show potential clients such as yourself what it is exactly that we do, and partly to prove that we do and will literally go anywhere in Queensland.

I can get a 6am flight out of Brisbane and be standing on the steps of court at Townsville for example at 8:30am waiting for the doors to open, and then be back in Brisbane in time for lunch.

Regards

Andrew Wiseman, Wiseman Lawyers