#173 Noosa Drink Driving

25 Oct 2021  •  8 Views  •  4 Likes
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Join Wiseman Lawyers Traffic Lawyer Andrew Wiseman at Noosa 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 Noosa Magistrates Court. Client was charged with mid range drink driving with single vehicle accident. So it was a reading of 0.098. Basically he’s left the road and rolled down an embankment. So driving like a dual cab ute, misjudged the turn and rolled and came to a rest in a ditch. No other vehicles involved, was just him. But obviously if you got alcohol in your system and you roll the vehicle, you’re in a bit of strife. Again, reading 0.098. To put it perspective, mid range starts at 0.100, so he was just a fraction well, literally 0.002 shy of mid range. The penalty range for mid range is a maximum 18 months, mandatory minimum three months. Because he was a fraction inside the low range bracket, so low range is 0.05 to 0.099, he was 0.098, that made him fall into the low range bracket.

Worst case is a nine month loss of licence, mandatory minimum one month. But the mandatory minimum one month kicks in at 0.05 and the further north you go of that, the harder it is to get it down and if there’s a collision, particularly a serious one with a rollover, you’re not going to get one month. If you’re touching the mandatory minimum for mid range, so as I said, that starts 0.100, that starts at three months and if you’re touching that, which he was at 0.098 with a collision, if you can get it to three months or lower, that’s a good outcome. But again, worst case today was nine months, technically minimum one month. But I said to the client going in, given the reading, given the rollover, I’m going to push for two to three months. And if we get that, it’s a good outcome.

And again, if you go in there asking for one month for that reading and a rollover, you’re just going to get screamed out of the court and the pendulum will swing. You’ll end up with some stupid outcome, like six to eight months. Got the client to get to do the course that we get all of our clients to do, got him to get references based on the template we provide all of our clients, got my instructions prior to today, I prepared my submissions prior to today. Drove up this morning, met him at court, we grabbed a conference room, ran through, my submissions, what he can expect the prosecutor and magistrate to say, we went through the police brief and all the relevant documentation. Spoke at length about expected outcomes. We went in, I spoke for some time to the magistrate, but given all the bases that I covered in my verbal submissions and the fact that the client did everything I asked him to do, I was able to persuade the magistrate to stick to the penalty range that I submitted.

So, as I said, I submitted a penalty range of two to three months. The magistrate ultimately agreed with that and handed a two month disqualification. So client’s very happy. Just to recap, 0.098 with vehicle rollover. Got him the two month disqualification, which was at the bottom of the two to three month range that I was pushing for. Worst case is nine months, so for that reading and a collision, which it was single vehicle rollover, two months is a very good outcome. Again, client’s very happy. I’m Andrew Wiseman at Noosa 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.