Join Drug Alcohol & Traffic Lawyer Andrew Wiseman at Mackay Magistrates Court. Andrew represents a client charged with Repeat Drug Driving. Watch as he explains Queensland Drug 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 Drug Driving at Mackay Magistrates Court on Wednesday 22 August 2018. Andrew’s client was charged with Repeat Driving Whilst Relevant Drug Present. Watch Andrew explain how he obtained a 4 month 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 Mackay Magistrates Court. Client was charged with drug driving, or repeat drug driving. There’s two types of drug driving, the most serious is driving under the influence of a drug, meaning you’re high on drugs.
The less serious is what’s known as drive whilst relevant drug present, meaning you’ve consumed it at some point, the effects have worn off. You’re no longer under the influence, but there’s traces of it still present. Without any previous, the worst case is a nine month loss of licence. And if you’re on an open licence, minimum of one month. But if you’re on a provisional licence, the minimum is three months. But if you’re being charged with repeat drug driving, relevant drug present, which my client today had been, the worst case, if the previous is relevant drug present as opposed to under the influence is a ninemonth disqualification, mandatory minimum is three months regardless of whether you’re on your opens or Ps.
So If you’re on your Ps, or you’ve got previous relevant drug present in five years, the minimum remains at three months. But the worst case bumps from nine months to 18 months. Further to that, you can’t get a work licence if you’re on your Ps. So even if this was my client’s first offence, it was not an option for them. But if a person is on their opens and they’ve got a previous in the last five years or any previous loss of licence work licence is not an option. It’s just simply not. You won’t be eligible if you’ve lost your licence for any reason in the last five years. So worst case today for my client was 18 months, given it was second in five.
A minimum was three, partly because he’s on his Ps, and partly because it was his second in five, as well. With regard of preparing so just to clarify, so my job was one of getting the disqualification down as low as possible, as opposed to applying for a work licence. As far as preparing goes, I got him to do the same reformatory course we get all of our clients to do. It can be done online, so for regional clients it’s not an issue. Once upon a time, they had to travel to do it. But now it can be done online. I got him to get references based on a template we provide all of our clients. I got my instructions well before today from him.
Got the police brief. Once I had all that, I prepared my submissions, flew up this morning, met the client at court. We grabbed a conference room, ran through my submissions, the procedure, what they can expect the magistrate to say, the prosecutor to say, me to say. Look, as I said, the previous was, like, about 18 months ago. So even though it was within the last five years. It was quite recent. But further to that, he had possession charges. So even though he only had one previous drug driving matter, it was his fourth drug type offence. So I said to the client going in it would have been unreasonable to expect the minimum three months.
I was still going to push hard for it, but if we walked out with four or five, that would have been a good outcome. And obviously, if he came here by himself, or with inadequate representation, it’s unlikely he’d get 18 months, but he may very well have got the nine to 12 month mark if, you know, it wasn’t handled correctly. Look, I made substantive submissions on my feet about the client as a person you know, who he is, his upbringing, difficulties he’s had in his life, what he’s learned from the courses, and all the rest of it.
The long and short of it is, I was successful in persuading the magistrate not to go past four months. So he got a four month disqualification, a modest fine. He’s obviously relieved, very happy. I’m Andrew Wiseman at Mackay Magistrates Court. Thanks for watching.
Hi. I’m Andrew Wiseman from Wiseman Lawyers, Queensland’s only truly dedicated drug, alcohol, and traffic offence law firm. If you face loss of licence loss, loss of vehicle, imprisonment, or anything in between, at any court in Queensland, we can and will help you today.
This is our specialty. 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 team 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.