#159 Bundaberg Drink Driving

14 Nov 2019  •  20 Views  •  3 Likes
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Drink Driving

Drug Driving

Qld Tpt Suspension

Dangerous Driving

Join Wiseman Lawyers Traffic Lawyer Andrew Wiseman at Bundaberg Magistrates Court as he represents a client charged with multiple offences. 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 Bundaberg Magistrates Court. Pretty complex and serious matter today. Client was, initially when they engaged us back in January, was charged with repeat disqualified driving, repeat drink driving, and a number of other charges. In the nine months since then, he’s continued to offend and there’s been a total of 11 charges arising.

Initially when he engaged us, there was five, but he reoffended and on a number of occasions. Initially in Dolby, and then the remainder of the charges are arising in Bundaberg.

So over the course of nine months, since engaging us in January, he’s gone from, as I said, five charges to a total of nine. We had to get them all moved from the various courts into Bundaberg on the same date, so they could all be dealt with it once.

So what was dealt with today was two counts of disqualified driving, one of drink driving, one of drug driving, failure to properly control a vehicle, and then there was a number of other less serious charges, namely unregistered, uninsured, but there was two counts of possessed dangerous drug, utensils.

So again, 11 charges, a bit of a laundry list, but of equal concern was his history. He had multiple disqualified drivings, both in Queensland and New South Wales. Previous drink drivings, a lengthy criminal history.

So today wasn’t about his licence. It was all about trying to avoid jail. Somebody who’s got no criminal history and very little traffic history, who’s facing their third and fourth qualified driving faces a real risk of jail. Ordinarily, we keep them out, but we do see unrepresented persons or inadequately represented persons is actually going in or getting suspended sentences for third and fourth disqualified drivings. He’d previously been given a wholly suspended sentence for various offendings.

So obviously this was all about trying to avoid jail and, needless to say, it wasn’t an easy job. Basically, we asked him to complete the reformatory course we get everyone to do. We asked him to get some references. I got detailed instructions from him. I had to draught detailed summaries of case law in order to try to persuade the magistrate not to physically imprison my client. I flew up last night, met the client this morning, about an hour before court. We ran through my submissions, the procedure, what they can expect procedurally and what to be said, and you know where to sit here, stand there, et cetera.

I guided the magistrate through the difficulties he’d suffered since the incident, difficulties he’ll continue to suffer after penalty. We did negotiate with the police on certain charges to try and get mutually satisfactory charges, in lieu of more serious ones at the outset.

Long and short of it is, I was able to keep him out at jail. He did get a wholly suspended term of imprisonment, so six months imprisonment, wholly suspended for two years and a number of disqualifications. But again, the licence was the least of his concerns. It was all about avoiding jail, which he has. So he’s not going to jail. The six months suspended imprisonment will hang over his head for two years. If he can get through and not reoffend, that’ll be the end of it. But obviously if he does breach the two year suspension period, he’ll have to give me another call. But he avoided jail. He’s obviously very happy.

I’m Andrew Wiseman, Bundaberg 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.