#153 Murgon Drug Driving

16 Oct 2018  •  7 Views  •  2 Likes
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Join Wiseman Lawyers Traffic Lawyer Andrew Wiseman at Murgon 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 Murgon Magistrates Court. It’s about an hour inland of Gympie, so about three and a half hours north west of Brisbane. Client was charged with drug driving. There’s two types of drug driving. The more serious is what’s called under the influence of a drug, meaning you’re high on drugs. The lesser charge is known as did drive whilst relevant drug present, meaning you’ve consumed it at some point, the effects have worn off, you’re no longer high, so you’re effectively sober, for want of a better word, but there’s traces of it still in your system. And in Queensland, it is an offence to have any trace of any illicit substance in your system.

So basically, he was intercepted in a car and he did do a breath test, which came up as zero. But he also was given a drug swab that came up as positive and they found methylamphetamine in his system. So basically, the worst case is a nine month loss of licence. As I said, he was in a car, not a truck. Worst case is a nine month loss of licence, mandatory minimum is one month. He was eligible to apply for a drug driving work licence, given he hadn’t lost his licence for any reason in the last five years. He was the holder of an open Queensland licence and he satisfied a number of other prerequisites, which I won’t get into now. However, for his own reasons, he chose not to apply. When you’re an employed person, one of the things you need to provide to the magistrate when applying for a drug driving work licence is an employer from your affidavit, stating that you will lose your job if you lose your licence. But again, for whatever reason, he didn’t want to take that course.

So my job was one of getting the disqualification down as low as possible. I requested he complete a reformatory course which could be done online. I asked him to get character references based on a template we provide all of our clients. I got my instructions off him prior to today, prepared my submissions prior to today. Drove up last night, met him at court this morning, we grabbed a conference room, I ran through my submissions, the procedure, what he could expect the magistrate to say, the prosecutor say, myself to say, obviously it’s not scripted. I don’t know what’s going to come out of their mouths, but there’s certain, I guess, themes that continue on from matter to matter and rather than my client going in blind and it all being new to them as it unfolds, I like to just give my client a bit of a background as to what to expect. So again, it’s not all new and there’s no sort of deer in the headlights going on, or at least I try to minimise that the best I can.

We went in, I guided the magistrate through my client’s background, work history, family situation, difficulties he’ll suffer while he’s off the road, why we’re not applying for a work licence, but the fact that notwithstanding it would be severe if he was to get a lengthy disqualification. Ultimately I was successful and persuaded the magistrate to give the management minimum one month, so my client got a one month qualification, modest fine. No work licence because he was choosing not to apply. So he’s off the road for a month. As I said, the maximum is nine months. One month disqualification, he’s taken a month’s leave, which is good. And the leave ends a few days after the one month, which I was able to secure for him. At the end of the month, he just goes and renews his licence and he’s back on the road in time for resuming work at the end of his leave period.

Client’s obviously very happy. I’m Andrew Wiseman at Murgon 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.