#184 Gympie Drink Driving

25 Oct 2021  •  13 Views  •  4 Likes
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Join Wiseman Lawyers Traffic Lawyer Andrew Wiseman at Gympie 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 Gympie Magistrates Court. Client was charged with repeat drink driving. This time was reading a 0.209, it’s a high range. He had two previous, one of 0.106 and another one of, literally, dead on 0.05. Fortunately, those other two were outside of the last five years. If they were within the last five years, it would escalate the penalty.

So worst case today was a lifetime loss of licence. High range is 0.150 and above so if your reading is 0.150 or above, there’s no maximum. The magistrate, if they chose to, could give you a lifetime loss of licence. Mandatory Minimum of six months, but that starts at 0.150, and that’s on the assumption that you’ve got no previous whatsoever. If you’ve got previous in the last five years, that minimum of six months champs up. But even if it’s outside the last five years, the magistrate still, obviously, puts weight on any previous you’ve got.

But, as I said, with a reading 0.209, that’s, obviously, almost 30% more than the starting point for high range. As I said, high range starts at 0.150. My client was 0.209 with two previous. Even with no previous, we normally say to clients if it starts with a two and we can get it under 12 months, that’s a good outcome and that was my objective, was to get it under 12. Sometimes when I’m on my feet, I will adjust my submissions and go a little bit lower than I’d plan to. But ordinarily, as I said, we try to get it under 12 months and, if we can, it’s a good outcome.

Got my client to complete the reformatory course we get all our clients to do. Got him to get references based on the template we provide all of our clients. Given that he had underlying alcohol issues, we got him to, well, he was already getting those dealt with, but we got him to get a letter from that medical provider that we could give to the magistrate to show that he was actually getting his affairs in order.

Ordinarily, I try to drive around the CBD of the towns that I’m in, but somehow I’ve got lost so I’m driving through the Gympie side streets and suburbs. But, in any event, I am actually in Gympie and those who live here should be able to recognise that from the streets I’m driving down.

But any event, so we got him to get the documents. I prepared my submissions yesterday, drove up this morning, met the client in court, grabbed a conference room, ran through my submissions what he can expect the police to say and what he can expect the magistrate to say. I mean, obviously, every case is different, but there’s certain procedures or steps that occur every time so I guide the client through those.

I was a little bit cheeky on this one. I was trying to push for eight to 10 months. Sometimes I just follow my gut and go hard. As I said, I’ve said to the client, if we get out of 12, that’s a good outcome. I went hard on eight and 10. To be honest, I don’t know why, but just my guts told me to do it. Sometimes you just got to just follow your gut and take it as far as it can goes. The magistrate raised his eyebrow over his glasses when I’ve said that, and I’ve conceded that I was overreaching and being somewhat cheeky in making that submission. I guess I just pushed it as hard as it could without it blowing up in my face and then, ultimately, just ended by saying, “If it could be not dramatically past the range that I’ve submitted, it’d be ideal.”                 Anyway, the magistrate, ultimately, settled on 11 months, which is a month shy of the 12 that I told a client to expect with our representation. Obviously, it’s a month more than the eight to 10 that I’d put to him. But 11 months from 0.209 without any history is a good outcome, particularly if you’ve got two previous, making this your third, offence or repeat offence. So, as I said, those previous were 0.106 and 0.50, sorry, 0.050 on this one, 0.009. So, yeah, you got 11 months, a modest fine. He’s relieved and quite pleased. I’m Andrew Wiseman at Gympie 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.