Join Drug Alcohol & Traffic Lawyer Andrew Wiseman at Maroochydore 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 Maroochydore Magistrates Court on Monday 24 September 2018. Andrew’s client was charged with Repeat Driving Whilst Relevant Drug Present. Watch Andrew explain how he obtained the Mandatory Minimum 3 month disqualification for his client.
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All right, today I’m at Maroochydore Magistrates Court. Client was charged with repeat drug driving. There’s two types of drug driving. The more serious is what’s called drive under the influence of a drug, meaning you’re high on drugs. The lesser charge is what’s called 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 or high, but there’s still traces of it in your system and that is illegal. You’re expected to have no trace whatsoever of illicit substances in your system irrespective of whether or not the effects have worn off. This was repeat drug driving.
This was his third charge of driving whilst relevant drug was present. In addition to that, he had a previous drink driving with a reading of .105. One of those previous relevant drug presents were within the last five years, and the drink driving and the third drug driving offence were outside of it. So, it was his fourth, and I should say, I should clarify too, the legislation speaks of, drink driving, it’s the same section of the relevant legislation, whether it’s drug driving or drink driving. So, even though it was his third drug driving and he’s got one previous drink driving, what it actually means is it’s his fourth offence of this type, so it’s his fourth drink or drug driving offence.
As I said, though, two of those previous, meaning one of the drug driving and the drink driving were outside of the last five years, but he did have one previous relevant drug present within the last five years. Worst case scenario, when it’s your second relevant drug present in five years, is an 18-month licence disqualification, mandatory minimum is three months. If it was his first offence with no previous, it would be a worst case of nine months, mandatory minimum one. But, again, because he’s got that previous in the last five years, maximum 18, mandatory minimum is three. And I guess, moving forward on that, because he’s got previous, and because he’s lost his licence previously in the last five years, he’s not eligible to apply for drug driving work licence.
A drug driving work licence, if it’s successful, allows you to drive for work purposes during the disqualification period. But to be eligible to apply for a drug driving work licence, among other things, you can’t have lost your licence for any reason in the last five years. So, that wasn’t an option today. So, my job was one of getting the disqualification down as low as possible. And, again, worst case was 18 months, absolute best case outcome was three months. It’s a mandatory minimum of three months, meaning mandatory as per the dictionary definition, and minimum as per the dictionary definition. It’s not negotiable, minimum is three months.
As far as preparing goes, I got my client to complete, well, I asked him to complete a reformatory course which can be done either in person or online. It’s based out of Brisbane and the Gold Coast, but for regional persons, it can be done online. But if you’re on the Sunshine Coast, you’re free to drive down there to do it in person if you like. I got him to get character references based on a template we provide all of our clients, guiding them through, you know, what the magistrate needs to know. They need to know that the reference is written with the court matter in mind. There’s no point having To Whom It May Concern. He’s a great bloke and there’s no mention of the fact that it’s being used for court or that they’ve got any knowledge of the repeat drug driving offence. So he got those references.
I prepared my submissions prior to today. Drove up this morning, we grabbed the conference room, ran through the procedure, what he can expect me to say, what he can expect the prosecutor and the magistrate to say. I spoke on my feet for a reasonable amount of time but I tend to just get to the point and magistrates respond well to it. The short version is I was successful in getting the mandatory minimum of three months and a modest fine. So, three month disqualification. He will just have to buckle down over that three month period and get through it. Fortunately, his employer can accommodate it.
He’ll just get through it, and obviously he’ll be doing yard work and all, just, you know, being a third wheel, I suppose, during that period. At the end of the three months, he goes back, gets his licence back. He will be on zero blood alcohol for 12 months when he gets it, but anyone who goes to court and loses their licence, irrespective of why they’ve lost it, goes on a zero blood alcohol reading for 12 months. So, if you go to court for unlicensed driving, it’s not alcohol or drug related, but when you get your licence back, it’s zero blood alcohol for 12 months.
In any event, the short version is client’s very happy. Minimum of three months, which, again, considering it’s repeat drug driving, it’s his third drug driving offence, and he’s got a previous DUI, so it’s his fourth of this type, he’s very happy. I’m Andrew Wiseman at Maroochydore 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 specialty, this is all we do. Give us a call 1300 947 352. 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.