#202 Cairns Dangerous Driving

25 Oct 2021  •  39 Views  •  5 Likes
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Join Wiseman Lawyers Traffic Lawyer Andrew Wiseman at Cairns Magistrates Court as he represents a client charged with Dangerous Driving Operation of a Motor Vehicle. 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 Cairns Magistrates Court. Client was charged with dangerous operation of a motor vehicle. Basically they drove a B-double down the Gillies Range, which is over length, and he caused a great deal of disruption on that stretch of road. Someone filmed it, uploaded it to Facebook and he was then subsequently charged. So it was dangerous driving.

Basically, we were instructed to enter a plea of not guilty. I had to engage a barrister, but over the last few months we’ve been making multiple submissions to police to try and get them to downgrade the charge to careless driving. So dangerous driving is a criminal offence with a criminal conviction, mandatory minimum six months disqualification, whereas careless driving’s a traffic offence. There’s no mandatory minimum. So technically, if you were to get careless driving, you can get a fine only, but again, starting point was dangerous operation of a motor vehicle.

I made a submission myself in February. My barrister made a submission in March. We continued putting pressure on Prosecutions in this regard for a number of reasons, primarily because we didn’t believe it was dangerous. Yes, it was careless, but in our view, dangerous driving was a bit of a overreach.

So it was listed for a trial today. So it was a plea of not guilty, and today was going to be a one or two day trial arguing and defending the charge. But at the 11th hour, literally on the steps of court, Prosecutions have conceded that careless driving was the appropriate disqualification. So the charge was amended this morning in front of the magistrate. We then entered a plea of guilty to that charge. The barrister, based on my instructions, ultimately was able to persuade the magistrate to give a fine only. So there was no loss of licence, no disqualification. He got a fine only and no conviction recorded. So what was dangerous driving, which would’ve been a no less than six months disqualification and a criminal conviction, was now a traffic conviction. No disqualification, fine only, no conviction recorded. Client’s obviously relieved, very happy. This has been dragging out for several months, about eight or nine months. He’s very happy.

I’m Andrew Wiseman at Cairns 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.