#149 Proserpine DUI Drink Driving

Join Drug Alcohol & Traffic Lawyer Andrew Wiseman at Prosperine 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 Proserpine Magistrates Court on Monday 17 September 2018. Andrew’s client had a Blood Alcohol Concentration reading of 0.083. They had previously been charged with readings of 0.103, 0.157, 0.168 and 0.157. Watch Andrew explain how he avoided imprisonment.

♪ 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 ♪

Alright today I’m at Proserpine Magistrates Court about 20 minutes inland from Airlie Beach. Client was charged with repeat DUI drink driving reading of .083 which is his fifth drink driving offence. He had quite a bit of previous, last one was .168 It’s a high range. He had two other high ranges both strangely enough dead on .157 and there was also a previous mid range reading of .103 So he had three previous high range, one previous mid range, this was a low range. So basically low range starts at .05 and goes up to .009, mid range starts at .100 goes up to .149, and high range kicks in at .150 So as much as my job was one of getting the disqualification down as low as possible, it was also making sure that nothing worse happens. So as you can imagine with repeat drink driving you’re getting in to jail territory.

As much my job was one of minimising the disqualification, it’s also one of ensuring that that and a fine only is all that happened. I won’t get in to it all now, but there is a number of options available to a magistrate if they want to give harsher penalties. Namely imprisonment which can be handed down in various forms or probation or stuff like that, but again I’m not going in to that now. That said, his previous, was outside of the last five years. So within the last five years he had no history of DUI drink driving. But that said, he did have a previous demerit points suspension in that time so he was not eligible to apply for a DUI drink driving work licence. To be able to apply for a DUI drink driving work licence you can’t have lost your licence for any reason in the last five years. Because he had due to demerit points that just simply wasn’t an option.

Given the previous drink driving was again outside of the last five years, the penalty range is as if you don’t have previous. The magistrate obviously has mind of the previous but the fixed mandatory penalties don’t move. So worst case scenario was a nine month loss of licence. Magistrates do have a general discretion to give more than that but the relevant section gives a maximum of nine months, a mandatory minimum of one month. But again his reading was quite up there for low range .083 so you’re getting close to the mid range so obviously half way between .05 and .090 is .075 and he was .083 so he’s sort of on the wrong side of the half way mark. Plus he had all that previous. So as far as preparing goes, I’ve got him to do the course that we get everyone to do. It can be done online now. Basically it’s over three evenings.

About nine hours worth of online content. Got him to get some references. Just as a side issue, today was a bit of a comedy of errors as such. The regular magistrate called in sick so it was very much looking like I was going to have to fly back up here which would have been a problem for me because we offer fixed fees so if I had to have come up twice it would have been my cost not the client’s. But what ended up happening was a Brisbane Magistrate appeared via video link. So ironically I flew out from Brisbane to appear at Proserpine and the Magistrate appeared via video link from Brisbane to deal with the matter. But in any event you know Magistrates are human, you know, if you’ve got to have a sick day you’ve got to have a sick day.

But I guess what I’m getting at is for a while there it was looking like I was going to have to fly back without an outcome and either fly back to Proserpine on a later date or try to appear by phone or something like that which I don’t like doing because you can only be so effective by phone in my view. You really need to be there in person to be able to gauge the room, gauge the Magistrate, gauge the prosecutor. It’s more than just words being spoken down a phone line, the art of persuasion is about being present rather than phoning it in for want of a better description. But in any event, got my client to do the course handed up the documents. The references that I provided from the client. The Proserpine registry faxed them to Brisbane so the Magistrate down there could read them while listening to me via video link.

I made a submission to the Magistrate that not withstanding his history and the reading that even a disqualification of six weeks would be appropriate. A lot of people tend to think that the Magistrate must give units of one month, that’s not the case. They can give six weeks or ten weeks, whatever. I pushed that quite forcefully but the Magistrate given the history, given the reading wasn’t going to budge any lower than two months. And to be fair, given my client’s reading and history I’m happy with that outcome. So was my client. I don’t think he reasonably expected it to be a month which is the mandatory minimum, even though I sort of eluded to it in my submissions, I seriously didn’t expect to get it either. But the bottom line is he got a two month disqualification, fine only, there was nothing more serious given as in probation or imprisonment suspended or otherwise.

So obviously he’s off the road, he’s going to have to make alternate arrangements during the two month period, but obviously he’s done it before with his previous offending. He’ll do it again and he gets to go home to his family. Put it behind him. Move on. I’m Andrew Wiseman at Proserpine 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. 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.

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