Offence of driving while under the influence
Any person who, while under the influence of liquor or drugs, drives a motor vehicle, tram, train or vessel is guilty of an offence and liable to a penalty not exceeding 28 penalty units or to imprisonment for a term not exceeding 9 months.
Southport Magistrates Court
Overview of Case:
Our client was charged with using his tinny boat whilst having illicit drugs in his system. This was his third drug driving offence in 5 years which made his matter even more serious. Upon a further look of his criminal history, we noted that he was also in breach of a wholly suspended term of imprisonment at the time of committing the offence and accordingly, was facing being taken into custody for his breach. Our client instructed that he wished to finalise his matter by pleading guilty and provided us with his instructions.
We provided him with expert legal advice and details of preparations he should complete prior to attending court to assist in obtaining the best possible result. We appeared with him before the Southport Magistrates Court and represented him, making detailed submissions of his behalf. Our client received a small fine and no action was taken in relation to his suspended sentence. The offence did not have an automatic licence disqualification attached and accordingly, we argued that our client be permitted to keep his licence. Our submissions were successful and our client can continue using both his car and boat licence. This was a excellent result.