#157 Mossman Drink Driving

21 Aug 2019  •  7 Views  •  2 Likes
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Drink Driving

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Join Wiseman Lawyers Traffic Lawyer Andrew Wiseman at Mossman Magistrates Court as he represents a client charged with Drink 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 Mossman Magistrates Court, which is just up the road from Port Douglas, about an hour north of Cairns. Clubs charge with high-range drink-driving, reading at 0.153, high range kicks in at 0.1. Worst case is a lifetime disqualification meaning to a minimum of six months. So my job today was to try and get it as close as I possibly could to the minimum six months.

My particular client, they’re an Australian citizen now, but they’re not originally from here. They’ve got dual nationality and they travel to North America every so often to visit family. And for that reason, they held concerns with regard to the recording of a conviction. Drink driving isn’t a criminal matter, it’s a traffic matter so you don’t get a criminal conviction for drink driving, but you do get, generally, a recorded traffic conviction and recorded traffic convictions can cause difficulties in some countries on entry or attempted entry.

It’s not easy to get, especially for high range. You’ll generally have a better chance of getting no traffic conviction record for low or mid range during driving. But with high range, it can be quite difficult. And when I push forward, I was preparing written submissions of case law and other supporting documents, which I did do on this instance. I’ve got my client to complete the reformatory course, we get all of our clients to do. Got them to get character references based on the template we provide all of our clients. I prepared all my submissions and written submissions in advance, emailed them to the court in advance. Flew up last night from Brisbane to Cairns, stayed at Cairns, drove up this morning, met the client at court. We grabbed the conference room. I ran through my submissions, what you can expect to happen, the procedure, what the police are likely to say, what the magistrate, formality wise, it’s likely to say.

We went in there. I referred to the written submissions I already prepared, made substantial verbal submissions on my feet, particularly with regard to the recording of the conviction, but also the length of the disqualification. Obviously there’s not much public transport up here, so any day off the road is a day that you’re facing unemployment. Unlike if you work in Brisbane city and live at New Farm, not having a licence, really not the end of the world, whereas in regions like this it can be. Long and short of it is I was successful on both fronts. A, I was able to persuade the magistrate not to go past the management minimum six month to qualification. And B, I was able to persuade the magistrate not to record a conviction. So six month disqualification, a modest fine. And more importantly to this client, no conviction recorded.

Client’s very happy. I’m Andrew Wiseman at Mossman Magistrates Court near Port Douglas, 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.