Episode 32 of the Boorman Lawyers Court Reports show, we take a look at a low range Qld drink driving work licence application at Southport Magistrates Court where we successfully achieved a restricted work license for our client.
I recently appeared at the Southport Magistrates Courthouse on the Gold Coast where we ran an a Section 87 – work licence application.
Low Range DUI Charge
Our client was charged with a relatively low level DUI reading of 0.078. In Queensland, low range is between 0.050 through to 0.100, so he was little bit above the middle part of that low range category.
It was a next day offence where he had attended a Christmas work party the night before. Our client thought he did the right thing. Since he had a number of drinks. However, he put provisions in place NOT to drive home but to stay at a friend’s place that night.
The next morning, he got up relatively early around 6am, and proceeded to drive home around 6:30am. He felt fine the next morning and knowing he’d had a full night sleep. He was of the view he would have been ok to drive and under the legal limit.
That clearly was not the case. And he was pulled over for a random breath test by police. Recorded a low level rating of 0.078. He was cooperative and compliant with the police. He didn’t have any passengers in the car.
Applying for a Qld drink driving work licence application
The matter came before Southport Magistrates Court in early January. We adjourned the matter so that we could list the matter for a Qld drink driving work licence application.
Applying for a work licence is the way that a Queensland DUI offender can save their licence in Queensland. There is a fair amount of paperwork and preparation that needs to go into these types of applications.
Work Licence Preparation
We needed to put together a lengthy affidavit of the applicant and an affidavit from the applicant’s employer. They need to be signed and witnessed by the solicitor or justice of the peace. They then need to be lodged with the Court along with a specific Section 87 – work license application.
Copies need to be served on the police, Queensland Police Prosecution. Then we need to attend to court to persuade the Magistrate to grant the work license.
Hurdles to overcome before the Court
We had quite a hard style of a Magistrate and the main hurdles for our case before this particular Magistrate were that our client had NOT completed a Traffic Offenders Program and that he had a prior High Range DUI about 12 years ago. Some Magistrates would not make a big deal of these issues since the prior offence was so long ago. So, we did have our work cut out in persuading the Magistrate that despite not completing the Traffic Offenders Program that he would a fit and proper person to be granted a work licence.
Furthermore, we pressed upon the Court that in the last nine years, his traffic record has improved significantly. This also coincided with his stable employment, maturing and having children. But still we did have to address the prior offence and persuade the Court that he was a fit and proper person to be granted the work license.
Successful work licence application outcome
We were successful in persuading the Court to grant the work license. Our client was placed on a restricted work licence for only a short period of two months. And, he was also given a $600 fine.
Therefore, we were able show that despite the clients prior offending and not completing the Traffic Offenders Program that he was still a fit and proper person to be granted a work licence.
Additionally, we showed the Court that our client would suffer significant financial hardship if he was unable to drive for the purpose of work. The Magistrate eventually agreed, granted the work license for very short period of only two months and $600 fine.
Our client was very happy because, as a concreter and a site foreman, his license is incredibly important part of his job. He needs to travel from site to site, transporting heavy tools and equipment with him on a daily basis. Without that, he would have been without a job. There’s no doubt about that.
Do you need to apply for a DUI Work Licence?
If you found yourself in a situation where you’ve been charged with drink driving offence, drug driving or any other major traffic offence, you can rest assure that Boorman Lawyers specialists in this area. In some cases in Queensland you may be eligible to apply for a Restricted Work Licence just like our client did on this occasion. So as you can appreciate there are strict eligibility requirements so it is important to speak with a Traffic Lawyer to understand whether or not you can apply.
Contact our Qld DUI Work Licence Lawyer
If you are in the unfortunate situation where you have to attend court. Feel free to give me a call on 1300 941 900. You can also go along to our website, which is BoormanLawyers.com.au. There is plenty of related information there to read up on. Make yourself a bit more familiar with the situation you might be in. But certainly, if there is any other burning questions you have got or you want to engage me to appear for you. Feel free to call me on 1300 941 900 and I can talk to you about your case and what we can do for you.
Speak to our Qld Drink Driving Work Licence Application Court Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Boorman Lawyers NSW & QLD Solicitors