Join Drug Alcohol & Traffic Lawyer Andrew Wiseman at Moranbah Magistrates Court. Andrew represents a client charged with 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 DUI Drink Driving at Moranbah Magistrates Court on Thursday 22 August 2018. Andrew’s client had a Blood Alcohol Concentration reading of 0.069. Watch Andrew explain how he obtained for his client a DUI Drink Driving Work Licence.
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, so now I’m at Moranbah Magistrates Court. Client was charged with low range drink driving, a reading of 0.068. They were the holder of an open Queensland licence.
They hadn’t lost their licence for any reason in the last five years, and for that reason they were eligible to apply for a DUI drink driving work licence, and that’s what I was instructed to prepare for and apply for today. Basically, when you’re applying for a DUI drink driving working licence, there are a number of items that you need to attend to. One of them is affidavit materials. If you’re employed, two affidavits need to be drafted, one for yourself and one for your employer. Basically the employer affidavit says what you do for a living, and the fact that it’s driver’s licence dependent.
If you can’t drive, they’ll have to terminate your employment. If you’re self-employed, obviously there’s no employer, which means that I need to basically embed your business’ last profit and loss statement into the affidavit materials. So basically I need to prove the turnover that will be depleted or terminated if you lose your licence, and then set out the expenses that your business has which won’t be met if the income ceases or is severely depleted. I asked my client to complete a reformatory course, which can be done online. I got him to get references based on a template we provide all of our clients.
I drafted the affidavit materials based on instructions I obtained from him quite some time ago. I drafted those affidavits, I forwarded a copy to the court in advance, met the client this morning. We finalised the paperwork. I ran through the procedure, you know, what was going to happen, the court layout, who stands where, what he can expect the prosecutor to say, myself to say, the magistrate, etcetera. I guided the magistrate through the affidavit materials, which covered the two points I alluded to, that he will suffer severe financial hardship if he loses his licence, and that on balance he’s a fit and proper person.
You know, I asked him to do that course. He had no previous history of this type, and his referees all say good things about him. I guided the magistrate through what happened, why it’s out of character, and all the rest of it. Look, the long and short of it is I was successful in persuading the magistrate to grant my client’s DUI drink driving work licence application. He’s been permitted to continue driving 24 hours a day, seven days per week. He’s an electrician, which goes somewhere to explain why he was given such broad hours, but 24 hours a day, seven days a week. He was given a three month disqualification.
The mandatory minimum is technically one month. The maximum’s nine months. But when you apply for a DUI drink driving work licence, the magistrate has got the discretion to double the disqualification meaning the maximum became 18 months. And you know, in layman’s terms, the minimum became 2 months. But because of the reading and a few other aspects, and particularly given how we were somewhat overreaching, by asking for 24 hours a day, seven days a week, which basically means he can keep driving all day, every day, for work purposes, there had to be a bit of give and take. So she’s obviously moderated the disqualification that I may have been otherwise able to achieve, given we were seeking such broad hours.
So maybe if we were seeking sort of 5:00 AM to 7:00 PM Monday to Friday it might have been the two month disqualification. But look, I’m splitting hairs. The bottom line is he got a 24 hours a day, seven day a week work licence, three month disqualification, modest fine. He’s obviously ecstatic. He’s in Moranbah. If you’re self-employed in any kind of role, let alone as an electrician, and you don’t have a licence, your business is as good as stuffed. So he’s relieved, very happy. I’m Andrew Wiseman at Moranbah 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 of vehicle, imprisonment, or anything in between at 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 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.