#151 Toowoomba Drug Driving

27 Sep 2018  •  5 Views  •  2 Likes
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Join Wiseman Lawyers Traffic Lawyer Andrew Wiseman at Toowoomba Magistrates Court as he represents a client charged with Drug Driving. Watch Andrew explain what happened in the courtroom, along with the outcome which he achieved and how he achieved it.

All right. Today, I’m at Toowoomba Magistrates Court. Client was charged with repeat drug driving. There was two drugs found in their system, cannabis and methamphetamine. And it was a repeat, as I said, drug driving offence. There’s two types of drug driving. The more serious is what’s called drive under the influence of a drug, meaning you’ve consumed it. You’re still a high and you’re still under the influence of that drug. The lesser charge is what’s called drive whilst relevant drug present, meaning you’ve had it at some point, the effects have worn off, but there’s still traces of it in your system.

My client was charged with the lesser of the two, but there was traces of two different drugs found in his system, cannabis and methamphetamine ice. He had a previous within the last five years, late last year of the same charge of drive whilst relevant drug present.

Basically, if you’ve got a previous in the last five years, the penalty range is increased. So if it’s a first offence of relevant drug present, or there’s no history in the last five years, worst case is a nine month loss of licence. Mandatory minimum is one month. But if you’ve got previous, it depends on how much previous as to how much it goes up. But if you’ve got one previous, which my client does have, the maximum bumps up to 18 months. The mandatory minimum becomes three months.

And because you’ve got previous in the last five years, and as a consequence of that, you’ve lost your licence in the last five years, you cannot get a drug driving work licence. With a drug driving work licence, basically, if you get charged with drive whilst relevant drug present, and you haven’t lost your licence in the last five years, and you’re the holder of an open Queensland licence, and you satisfy a number of other prerequisites, you can apply for a drug driving work licence.

And the what that is, is basically you still get a disqualification, but the magistrate can, if you properly apply and argue the application correctly, make an order overlapping the disqualification allowing you to continue driving for work purposes only. So you’re disqualified, but during the hours of, for example, 6:00 AM to 6:00 PM. Monday to Friday, you can continue driving for work purposes only.

But my client was not eligible to apply today because of that previous. So worst case today was an 18 month disqualification, mandatory minimum three months, no work licence eligibility. So my job was one of getting it down as low as possible. And as I’ve already stressed, the lowest possible disqualification was three months. With regards to preparing, I’ve got my client to complete a reformatory course. We get all of our clients to do it. It can be done online. I asked him to get some character references based on a template we would provide each of our clients, guiding the referee as to who it needs to be addressed to and the key points that need to be addressed.

There’s no point going to court with a reference addressed to whom it may concern and talking about how fantastic the person is, yet it makes no reference to the fact that they’re aware of the charge or at the very least that they’re aware that it’s being tendered in court. You might as well head up a shopping list. The magistrate will literally push it to the side if it does not clearly indicate that it’s been written for that purpose.

I got instructions prior to today, prepared my submissions prior to today, drove up from Brisbane this morning. Met the client in a conference room. I ran through the procedure, who stands where, what he can expect the prosecutor to say. I went through my submissions, basically I’m trying to convince the magistrate that he’s a good person, notwithstanding.

Discuss the underlying issues that have led to this ongoing offending, et cetera. I spoke about what he learned at the course and all the rest of it. I spoke on my feet for a moderate amount of time, not a lengthy period. The short version is, though, that I was able to persuade the magistrate to give the mandatory minimum of three months. So three months disqualification, modest fine. Client’s very happy given it was literally the best possible outcome. He just obviously doesn’t drive the next three months, renews his licence at the end of it, and then he’s back on the road as per normal in three months time.

So as I said, worst case 18 months. Mandatory minimum three months, I got him three months and a modest fine. He’s very happy. I’m Andrew Wiseman at Toowoomba Magistrates Court. Thanks for watching.

Andrew represents clients at all Queensland courts, namely Alpha Magistrates Court, Atherton Magistrates Court, Aurukun Magistrates Court, Ayr Magistrates Court, Badu Island Magistrates Court, Bamaga Magistrates Court, Barcaldine Magistrates Court, Beaudesert Magistrates Court, Beenleigh Magistrates Court, Biloela Magistrates Court, Birdsville Magistrates Court, Blackall Magistrates Court, Blackwater Magistrates Court, Boigul Island Magistrates Court, Boulia Magistrates Court, Bowen Magistrates Court, Brisbane Magistrates Court, Bundaberg Magistrates Court, Burketown Magistrates Court, Caboolture Magistrates Court, Cairns Magistrates Court, Caloundra Magistrates Court, Camooweal Magistrates Court, Charleville Magistrates Court, Charters Towers Magistrates Court, Cherbourg Magistrates Court, Childers Magistrates Court, Chinchilla Magistrates Court, Clermont Magistrates Court, Cleveland Magistrates Court, Cloncurry Magistrates Court, Coen Magistrates Court, Cooktown Magistrates Court, Coolangatta Magistrates Court, Cunnamulla Magistrates Court, Dajarra Magistrates Court, Dalby Magistrates Court, Darnley Island Magistrates Court, Doomadgee Magistrates Court, Duaringa Magistrates Court, Emerald Magistrates Court, Gatton Magistrates Court, Gayndah Magistrates Court, Georgetown Magistrates Court, Gladstone Magistrates Court, Goondiwindi Magistrates Court, Gympie Magistrates Court, Hervey Bay Magistrates Court, Holland Park Magistrates Court, Hughenden Magistrates Court, Ingham Magistrates Court, Inglewood Magistrates Court, Innisfail Magistrates Court, Ipswich Magistrates Court, Julia Creek Magistrates Court, Kingaroy Magistrates Court, Kowanyama Magistrates Court, Landsborough Magistrates Court, Lockhart River Magistrates Court, Longreach Magistrates Court, Mabuiag Island Magistrates Court, Mackay Magistrates Court, Mareeba Magistrates Court, Maroochydore Magistrates Court, Maryborough Magistrates Court, Mer Island Magistrates Court, Millmerran Magistrates Court, Mitchell Magistrates Court, Moa Island Magistrates Court, Monto Magistrates Court, Moranbah Magistrates Court, Mornington Island Magistrates Court, Mossman Magistrates Court, Mount Garnet Magistrates Court, Mount Isa Magistrates Court, Murgon Magistrates Court, Nambour Magistrates Court, Nanango Magistrates Court, Noosa Magistrates Court, Normanton Magistrates Court, Oakey Magistrates Court, Palm Island Magistrates Court, Pine Rivers Magistrates Court, Pittsworth Magistrates Court, Pormpuraaw Magistrates Court, Proserpine Magistrates Court, Quilpie Magistrates Court, Redcliffe Magistrates Court, Richlands Magistrates Court, Richmond Magistrates Court, Rockhampton Magistrates Court, Roma Magistrates Court, Sabai Island Magistrates Court, Sandgate Magistrates Court, Sarina Magistrates Court, Southport Magistrates Court, Springsure Magistrates Court, Stanthorpe Magistrates Court, St George Magistrates Court, Tambo Magistrates Court, Taroom Magistrates Court, Thursday Island Magistrates Court, Toogoolawah Magistrates Court, Toowoomba Magistrates Court, Townsville Magistrates Court, Tully Magistrates Court, Warraber Island Magistrates Court, Warwick Magistrates Court, Weipa Magistrates Court, Winton Magistrates Court, Woorabinda Magistrates Court, Wynnum Magistrates Court, Yam Island Magistrates Court, Yarrabah Magistrates Court, Yeppoon Magistrates Court and Yorke Island Magistrates Court.