#132 Toogoolawah Drink Driving

8 Jun 2018  •  5 Views  •  1 Likes
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Join Wiseman Lawyers Traffic Lawyer Andrew Wiseman at Toogoolawah Magistrates Court as he represents a client charged with Drink Driving. Watch Andrew explain what happened in the courtroom, along with the outcome which he achieved and how he achieved it.

All right. Today I’m at Toogoolawah Magistrates Court, which is, I guess, about half an hour northwest of Ipswich. Client was charged with high range, drink driving, a reading of 0.194. So as you’d imagine, that’s almost four times the legal limit. That is high range drink driving. There was a collision. He’s basically clipped a parked car and collided with a tree and written his own vehicle off. There wasn’t a significant amount of damage to the other vehicle. But as I said, he wrote his own vehicle off, wrapped it around a tree. Worst case is a lifetime loss of licence.

The magistrate’s got the discretion to give, as I said, an absolute disqualification, lifetime. Mandatory minimum’s technically six months, but that kicks in at 0.15. And as I said, my client’s well over that, 0.194 with a collision. So it was never going to be the mandatory minimum six months. It’s just unreasonable to suggest to a client that they might get away with such a light penalty, and it’d be unreasonable to ask a magistrate to give it, but that said, my job is, one, of getting the disqualification down as low as possible.

He can’t get a work licence. The cut off for a work licence is 0.149, so soon as you hit 0.15, it’s a guillotine cutoff. It’s just not an option. So work licence is not an option. As I said, my job is one of getting the disqualification down as low as possible.

As far as preparing goes, I asked my client to do a reformatory course, which can be done online. got him to get references based on the template that we give all of our clients. I got instructions from him prior to today that allowed me to prepare my submissions. Drove up this morning, met my client at court. We grabbed a conference room, ran through everything that I was going to say and what he can expect to happen.

I did have to speak on my feet a reasonable amount. Obviously, 0.194 with a collision, I had my work cut out for me trying to get it down as low as possible. I spoke at length about his lack of history, which was a good thing. The difficulties he’d been suffering in his personal life leading up to today, or sorry, the day in question. Steps he’d taken since to try and reform. Look, the long and short of it is I was successful in getting it down to seven months. So my client got a seven months to qualification. Modest fine.

He’s obviously relieved. He could very well have got, with that reading, as I said, 0.194 and a collision, 18 months if he had to come by himself, or with someone that doesn’t specialise. But as I said, seven months. That starts today. He can’t drive for the next seven months, but after seven months he gets his licence back. Understandably, he’s quite relieved. I’m Andrew Wiseman. Thanks for watching.

Andrew represents clients at all Queensland courts, namely Alpha Magistrates Court, Atherton Magistrates Court, Aurukun Magistrates Court, Ayr Magistrates Court, Badu Island Magistrates Court, Bamaga Magistrates Court, Barcaldine Magistrates Court, Beaudesert Magistrates Court, Beenleigh Magistrates Court, Biloela Magistrates Court, Birdsville Magistrates Court, Blackall Magistrates Court, Blackwater Magistrates Court, Boigul Island Magistrates Court, Boulia Magistrates Court, Bowen Magistrates Court, Brisbane Magistrates Court, Bundaberg Magistrates Court, Burketown Magistrates Court, Caboolture Magistrates Court, Cairns Magistrates Court, Caloundra Magistrates Court, Camooweal Magistrates Court, Charleville Magistrates Court, Charters Towers Magistrates Court, Cherbourg Magistrates Court, Childers Magistrates Court, Chinchilla Magistrates Court, Clermont Magistrates Court, Cleveland Magistrates Court, Cloncurry Magistrates Court, Coen Magistrates Court, Cooktown Magistrates Court, Coolangatta Magistrates Court, Cunnamulla Magistrates Court, Dajarra Magistrates Court, Dalby Magistrates Court, Darnley Island Magistrates Court, Doomadgee Magistrates Court, Duaringa Magistrates Court, Emerald Magistrates Court, Gatton Magistrates Court, Gayndah Magistrates Court, Georgetown Magistrates Court, Gladstone Magistrates Court, Goondiwindi Magistrates Court, Gympie Magistrates Court, Hervey Bay Magistrates Court, Holland Park Magistrates Court, Hughenden Magistrates Court, Ingham Magistrates Court, Inglewood Magistrates Court, Innisfail Magistrates Court, Ipswich Magistrates Court, Julia Creek Magistrates Court, Kingaroy Magistrates Court, Kowanyama Magistrates Court, Landsborough Magistrates Court, Lockhart River Magistrates Court, Longreach Magistrates Court, Mabuiag Island Magistrates Court, Mackay Magistrates Court, Mareeba Magistrates Court, Maroochydore Magistrates Court, Maryborough Magistrates Court, Mer Island Magistrates Court, Millmerran Magistrates Court, Mitchell Magistrates Court, Moa Island Magistrates Court, Monto Magistrates Court, Moranbah Magistrates Court, Mornington Island Magistrates Court, Mossman Magistrates Court, Mount Garnet Magistrates Court, Mount Isa Magistrates Court, Murgon Magistrates Court, Nambour Magistrates Court, Nanango Magistrates Court, Noosa Magistrates Court, Normanton Magistrates Court, Oakey Magistrates Court, Palm Island Magistrates Court, Pine Rivers Magistrates Court, Pittsworth Magistrates Court, Pormpuraaw Magistrates Court, Proserpine Magistrates Court, Quilpie Magistrates Court, Redcliffe Magistrates Court, Richlands Magistrates Court, Richmond Magistrates Court, Rockhampton Magistrates Court, Roma Magistrates Court, Sabai Island Magistrates Court, Sandgate Magistrates Court, Sarina Magistrates Court, Southport Magistrates Court, Springsure Magistrates Court, Stanthorpe Magistrates Court, St George Magistrates Court, Tambo Magistrates Court, Taroom Magistrates Court, Thursday Island Magistrates Court, Toogoolawah Magistrates Court, Toowoomba Magistrates Court, Townsville Magistrates Court, Tully Magistrates Court, Warraber Island Magistrates Court, Warwick Magistrates Court, Weipa Magistrates Court, Winton Magistrates Court, Woorabinda Magistrates Court, Wynnum Magistrates Court, Yam Island Magistrates Court, Yarrabah Magistrates Court, Yeppoon Magistrates Court and Yorke Island Magistrates Court.