Join Drug Alcohol & Traffic Lawyer Andrew Wiseman at Cairns Magistrates Court. Andrew represents a client charged with Repeat DUI Drink Driving. Watch as he explains Queensland DUI Drink Driving laws and penalties as well as the outcome which he achieved, and how he did it.
Andrew Wiseman represents a client charged with Repeat DUI Drink Driving at Cairns Magistrates Court on Thursday 26 July 2018. Andrew’s client had a Blood Alcohol Concentration reading of 0.183 with previous readings of 0.155 and 0.138. Watch Andrew explain how he obtained a 9 month licence disqualification for his client.
Does your licence need saving? Do the wise thing. Call Wiseman Lawyers. Does your licence need saving? Do the wise thing. Call Wiseman Lawyers. Don’t face that court alone. Let the Wiseman team get you back on the road. Does your licence need saving? Do the wise thing. Call the Wiseman team at Wiseman Lawyers. All right. Today I’m at Cairns Magistrates Court. Client was charged with high range DUI drink driving, reading of 0.183. It was a repeat offence.
She had previous of 0.155 and 0.138. That said, those previous were outside of the last five years. Worst case scenario with this reading, 0.183 is a lifetime loss of licence. You can go to court with the worst lawyer in Queensland and you’re not going to get a lifetime loss of licence, but if you go there by yourself or with lawyers that don’t specialise, you can be off the road for several years, particularly with that type of previous. Mandatory minimum is six months.
Given the reading and the previous, six months was an unreasonable expectation as I said, 0.183, even if there was no previous, whilst I have got it down to six months, I normally say, you know, 8 to 10 for readings of that amount because the high range starts at 0.150. And obviously, 0.183 is well past that. But also, the previous does compound the matter notwithstanding the fact that it’s outside of the last five years. So I said to my client I was going to push for around the 8 to 10 month mark. I got her to complete a reformatory course which could be done online. Got her to get some references.
I drafted some written submissions of case law in the event that the magistrate was going down the imprisonment option. Doesn’t happen often with this sort of offending, but it does happen from time to time and I always like to make sure I’ve got all my bases covered in the event that imprisonment is on the table. I initially went in low. I was trying to push for six to eight months knowing full well that I was being a bit cheeky low balling it. But sometimes, you just make a judgement call on the day to go in a bit low.
I basically took the magistrate through my client’s work history, upbringing, and, you know, study history, current family situation, the fact that she lives at a town, et cetera, what she learned, what led to the day in question, et cetera. Look, the long and short of it is I was successful in persuading the magistrate not to go pass nine months. So as I said, reading of 0.183 with previous 0.155 and 0.138, I achieved a nine month disqualification, modest fine. There’s no work licence because the cutoff is 0.15.
So even with no history, if you’re high range and you’re 0.15 or over, you just cannot get a work licence. And so nine month disqualification, modest fine, client’s relieved, very happy. I’m Andrew Wiseman at Cairns Magistrates’ Court. Thanks for watching. Hi. I’m Andrew Wiseman from Wiseman Lawyer’s, Queensland’s only truly dedicated drug, alcohol, and traffic offence law firm. If you face loss of licence, loss of vehicle, imprisonment, or anything in between and any court in Queensland, we can and will help you today.
This is our speciality. This is all we do. Give us a call 1300947352. I look forward to helping you resolve your issue today. Don’t face that court alone. Let the Wiseman get you back on the road. Does your licence need saving? Do the wise thing. Call the Wiseman team at Wiseman Lawyers.
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Andrew represents clients at all Queensland courts, namely Alpha Atherton Aurukun Ayr Badu Island Bamaga Barcaldine Beaudesert Beenleigh Biloela Birdsville Blackall Blackwater Boigul Island Boulia Bowen Brisbane Bundaberg Burketown Caboolture Cairns Caloundra Camooweal Charleville Charters Towers Cherbourg Childers Chinchilla Clermont Cleveland Cloncurry Coen Cooktown Coolangatta Cunnamulla Dajarra Dalby Darnley Island Doomadgee Duaringa Emerald Gatton Gayndah Georgetown Gladstone Goondiwindi Gympie Hervey Bay Holland Park Hughenden Ingham Inglewood Innisfail Ipswich Julia Creek Kingaroy Kowanyama Landsborough Lockhart River Longreach Mabuiag Island Mackay Mareeba Maroochydore Maryborough Mer Island Millmerran Mitchell Moa Island Monto Moranbah Mornington Island Mossman Mount Garnet Mount Isa Murgon Nambour Nanango Noosa Normanton Oakey Palm Island Pine Rivers Pittsworth Pormpuraaw Proserpine Quilpie Redcliffe Richlands Richmond Rockhampton Roma Sabai Island Sandgate Sarina Southport Springsure Stanthorpe St George Tambo Taroom Thursday Island Toogoolawah Toowoomba Townsville Tully Warraber Island Warwick Weipa Winton Woorabinda Wynnum Yam Island Yarrabah Yeppoon Yorke Island.
How to apply for a DUI Drink Driving Work Licence, How to apply for a DUI Drink Driving Restricted Licence, How to apply for a Special Hardship Licence, How to apply for a Special Hardship Order, Queensland DUI Penalties, Queensland Drink Driving Penalties, Queensland Drug Driving Penalties.
Queenslanders charged with DUI Drink Driving, Drug Driving or Fail To Provide Specimen face a maximum penalty of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units. Persons charged with Careless Driving (Drive Without Due Care & Attention) face a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 40 penalty units. Queenslanders charged with Dangerous Driving, which is a Criminal offence, face a maximum penalty, depending upon the circumstances of aggravation, of 5 years imprisonment, 200 penalty units and a lifetime driver’s licence disqualification. Persons charged with Disqualified Driving face a maximum penalty of a lifetime driver’s licence disqualification, 12 months imprisonment and 40 penalty units. Queenslanders charged with Evade Police a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification. Persons charged with Repeat DUI Drink Driving, Repeat Drug Driving, Repeat Fail To Provide Specimen, or a Repeat combination of these offences, face a maximum penalty of a lifetime driver’s licence disqualification, 18 months imprisonment and 60 penalty units. A penalty unit in Queensland is currently worth $113.85. In addition to the above penalties, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90. Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges. Wiseman Lawyers specialise in DUI Drink Driving, Drug Driving, Careless & Dangerous Driving, Evade Police and Drug, Alcohol & Traffic offences.