#141 Southport Drug Driving

5 Jul 2018  •  5 Views  •  2 Likes
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Drink Driving

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Join Wiseman Lawyers Traffic Lawyer Andrew Wiseman at Southport Magistrates Court as he represents a client charged with Drug Driving. Watch Andrew explain what happened in the courtroom, along with the outcome which he achieved and how he achieved it.

All right, so I’m at Southport Magistrates Court, client charged with drug driving. There’s two types of drug driving. More serious is what’s called drive under the influence of a drug, meaning you’re high on drugs. The lesser charge is called drive whilst relevant drug present, meaning you’ve consumed it at some point, the effects have worn off, you’re no longer higher under the influence, but there’s still traces of it present in your system. Worst case for that is nine months disqualification, manage your minimums one month. If you haven’t lost your licence in the last five years, and you were the hold of a open Queensland licence on the day you were intercepted, you can apply for what’s called a drug driving work licence. Simple eligibility doesn’t equate to success, but as a starting point, you are eligible to apply, but my client held an international licence, so not a open Queensland licence, meaning that they were not eligible to apply for a drug driving work licence.

So my job was obviously one of getting the disqualification down as low as possible, again, as opposed to applying for a drug driving work licence. But as I said, he’s on an international licence, meaning he’s here on a 457 visa, and he will be seeking to apply for permanent residency citizenship in due course. And for that reason, in addition to the loss of a licence, which was a great concern, was the recording of a conviction, drug driving, it’s not a criminal offence, it’s a traffic offence, but not withstanding the recording of drug driving convictions can cause difficulties in a number of areas of life. One of them on occasion being seeking certain visas. So again, for that reason, he held as much a concern about the recording of a conviction as he did the loss of his licence.

As far as preparing for today goes, I’ve got him to complete a reformatory course, we get all of our clients to do. Got to get him some references. I actually drafted written submissions on the point of the recording of a conviction, summarising the legislation in certain case law, in support of my argument, that it would be appropriate for the administrator not to record a conviction in this instance. Met the client at court this morning, ran through my submissions of the procedure, what he could expect the prosecutor to say, me to say, the magistrate, et cetera. There was a little bit of dancing around on my part, particularly on the recording of the conviction submission, but ultimately it was successful on both points. A with regard to the licence, persuading the magistrate to give my client the management of one month disqualification. So he’s off the road for one month from today. And two, I was able persuade the magistrate not record a conviction. So one month disqualification, no conviction recorded, modest fine. Client’s obviously very happy.

I’m Andrew Wiseman at Southport Magistrates Court. 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.