Wiseman Lawyers LIVE: Dalby Drink Driving Work Licence

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♪ Does your licence need saving ♪ ♪ Do the wise thing ♪ ♪ Call Wiseman Lawyers ♪ ♪ Does your licence need saving ♪ ♪ Do the wise thing ♪ ♪ Call Wiseman Lawyers ♪ ♪ Don’t face that court alone ♪ ♪ Let the Wiseman team get you back on the road ♪ ♪ Does your licence need saving ♪ ♪ Do the wise thing ♪ ♪ Call the Wiseman team at Wiseman Lawyers ♪ Alright, today I’m at Dalby Magistrates Court, about three hours west of Brisbane, about an hour west of Toowoomba Client was charged with mid-range drink driving, reading a .142, but worse than that he was involved in a collision, basically single vehicle roll-over. Wrote his car off, injured himself, ended up in hospital, so pretty serious. Worst case for mid range is an 18-month disqualification, mandatory minimum is three months. But the minimum kicks in at .1, my client was .142 so he was well past that. And to put it in perspective, mid range starts at .15, so if you’re mid range, mandatory minimum’s six months and you’re not eligible for a DUI drink-driving work licence so to be eligible for a work licence, you’ve got to be either low or mid-range, meaning you’ve got to be under, well .149 or below. And there’s other prerequisites but I won’t go into those now. My client, because he was mid-range, even though he was almost .145, because he was under at .142, and notwithstanding the fact that he was in a collision, he was technically eligible to apply for a DUI drink-driving work licence. And I was instructed to do that. Basically to do that, if you’re not self-employed, I need to draught about an eight-page affidavit up for you to sign, talking about income, expenses, family situation, what happened on the day in question and steps you’ve taken to reform. What you’ve learnt through your mistake, etc. I’ve got to do a four-page affidavit up for your employer to sign, saying, again, what you do, why you need your licence to do it, and the fact that you’ll lose your job if you lose your licence. I drafted all of those well before today, I did receive quite a bit of resistance from the employer with regard to the wording of their affidavit, but we ultimately came to a suitable compromise. With the employer affidavit, it needs to specifically state what the consequence will be if your client, or if you lose your licence. So you can’t say, “Oh look, “we’ll have to re-assess his role or see what happens.” He or she have lost their licence, make a decision and state it in the affidavit. If they’re not gonna lose their licence, well fine, you’re not eligible to apply for a work licence ’cause you don’t deserve one. But if you are gonna lose your job, the employer needs to show some metal and state it in the affidavit. But what I’m getting at is, there was some resistance. After I had a discussion, similar to the wording that I just stated, they realised that, alright it’s not a game, we need to call a spade a spade, he will lose his job so we need to actually say that. And I’m not implying that people should state things that are incorrect in an affidavit. You’re not gonna lose your job, great. That’s fantastic. But if you are, make the call, state it in the affidavit, and if the employer still won’t budge then I’ll just summon somebody to give evidence. I’ll arrange for a process server to summons the employer at their work place, be at court on this date, if they don’t rock up, magistrate could issue a warrant for their arrest. Not the client, the employer. But in any event, that wasn’t the case today. A compromise was met, and the word in the affidavit was still sufficient with regards to the consequence of a loss of licence. It still effectively said that the person, my client will lose their job. Documents were drafted far well before today. I drove up from Brisbane last night, met the client this morning. We grabbed the conference room, ran through the procedure, what they can expect me to say, the prosecutor to say, magistrate to say. There was a certain amount of, I won’t say resistance, but I had to go into quite a bit of detail to satisfy the elements of why a work licence should be granted. But ultimately I was successful in persuading the magistrate to grant my client’s application. Again, worst case is an 18-month disqualification, mandatory minimum’s three months. But when a work licence is granted, the magistrate’s got the power to double that. So technically, the magistrate could have given three years, or you know, minimum six months. But, it’s a discretion. The magistrate’s not required to double it. I was successful in persuading A, the magistrate to grant my client’s work licence application, and B, to stick to the minimum three months, and C, to give a modest fine. So, three month disqualification, work licence granted. Client’s obviously very happy because you know, if you live in the Dalby region and you’ve got a drivers licence dependent role, which my client does, you’re gonna lose your job and you don’t have a lot of options when you’re in a regional location. It’s not like you can get the bus to work instead. Yeah, three months, work licence granted, modest fine, client’s very happy. I’m Andrew Wiseman at Dalby Magistrates Court, thanks for watching. Hi, I’m Andrew Wiseman from Wiseman Lawyers, Queensland’s only truly dedicated drug, alcohol, and traffic offence law firm. If you face loss of licence, loss of vehicle, imprisonment, or anything in between, at any court in Queensland, we can and will help you today. This is our specialty. This is all we do, give us a call, 13 0094 7352. I look forward to helping you resolve your issue today. ♪ Don’t face that court alone ♪ ♪ Let the Wiseman team get you back on the road ♪ ♪ Does your licence need saving ♪ ♪ Do the wise thing ♪ ♪ Call the Wiseman team at Wiseman lawyers ♪