Wiseman Lawyers LIVE: Richlands Repeat Disqualified Driving

Free eBook

Free Case Assessment

Watch More Videos

Video Categories


♪ 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 ♪ All right, so I’m at Richlands Magistrates Court, client was charged with repeat disqualified driving, meaning court-ordered disqualified driving. So when someone goes to court for drink driving or whatever, and the court disqualifies ’em, and you get caught during that court-ordered disqualification, the penalties are quite severe. For a first offence, it’s a minimum two-year disqualification, there’s no maximum, the magistrate’s got a discretion to give a lifetime disqualification if they see fit. But this client was a habitual offender. He’s from New South Wales, and all of his previous was in New South Wales. It was more than 10, I lost count on how many previous he had, but it was over 10. He’d had multiple different penalties, including actual jail in New South Wales. And if you’ve already been to jail before for disqualified driving, they generally don’t go backwards, they normally go forward, so more jail, longer period, et cetera. So obviously the stakes were extremely high, and I did, I literally made it clear to the client, both verbally and in writing, that there was really only a 25% chance of keeping him out, meaning there was a 75% chance that he was gonna go in and serve actual custody today. Last time, well, he’s had four months’ actual custody in the past, so we were talking, if he was gonna go in, we were talking six months plus, unless I was able to work my magic, for want of a better word. That said, in order to pull out all stops, there was a number of steps that both I, and I got the, myself, that I took, and that I got the client to take. I got him to do the course that we get everyone to do, got him to get references, I sent him off to his G.P. and psychologists, he’s got underlying mental health issues, to come up with some kind of report or document trying to address the underlying behaviour that leads to this offending. Got him to get references, as I said, based on the template we give all of our clients. In addition to that, I did up written submissions of case law. There’s not a lot of case law out there that helps a client such as mine. People, every day of the week, go to, not my clients, but you see people, either self-represented or with lawyers that don’t specialise in traffic law, going to jail for their third disqualified, third or fourth, bang, in you go, see you in four months. And when you hit 10, 11, 12, so on, and you’ve done jail before, it’s a case of how much jail this time, as opposed to whether or not you actually go in. That said, the last offence was in 2014, while that’s not a massive amount of time ago, it was four, almost five years ago, so there’s been some kind of window of cooling his head in. Further to that, the person he was four years ago is just a young fool, single, nothing to live for, no responsibilities, nothing to lose if he was to back into jail, whereas in the time since then, he’s found love, married his wife, they’ve got a nine-month-old child, and basically, yeah. Last time, he was just a fool with nothing to lose, this time he’s a responsible parent with everything to lose. So my job was to try and get the disqualification down as low as possible, and avoid imprisonment, but at the end of the day, disqualification was the least of his concerns. It was all about, at the first, he was just trying to avoid imprisonment, and then if imprisonment was absolutely going to happen, then it was about trying to get the length of imprisonment down as low as possible. Look, it was hard work, I’m not gonna pretend it wasn’t, but I’m not gonna speak in this recording longer than I need to. The long and short of it is, I was successful in persuading the magistrate not to send my client back to jail, so he received another two-year disqualification, and a fine. He got to go home, so he and his family are now heading back to the airport, the three of them, rather than just mom and baby. Yeah, hard work, I’m a bit worn out, because obviously, these high-risk jail matters take quite a bit of effort. So I’ll leave it at that. So another very, very, very, extremely relieved client. I’m Andrew Wiseman at Richlands 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, 1300 947 352. 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 ♪