White v QPS

MAGISTRATES COURT OF QUEENSLAND

CITATION:

White v QPS [2017] QMC 2

PARTIES:

Tony Stephen White
(Applicant)

V

Queensland Police Service

(Defendant)

FILE NO/S:

MAG-00289571/16(7)

DIVISION:

Magistrates Court

PROCEEDING:

Application for a restricted licence

ORIGINATING COURT:

Rockhampton

DELIVERED ON:

14 March 2017

DELIVERED AT:

Rockhampton

HEARING DATE:

8 March 2017

A/MAGISTRATE:

M Morrow

ORDER:

Application Refused

CATCHWORDS:

Vehicle and traffic – Application for restricted work licence – whether applicant fit and proper person

SOLICITORS:

Mr S Moon instructed by CQ Legal for the Applicant

S/Const S Janes on behalf of the Queensland Police Service

1. Mr White was arrested on 21 December 2016 and charged with having driven a motor vehicle whilst over the general alcohol limit but not over the middle alcohol limit at Mt Morgan.

1. He has pleaded guilty to that offence and applies for a restricted driver’s licence under section 87 of the Transport Operations (Road Use Management) Act 1995 (TORUM Act).

1. His application is opposed on the basis that he is not a fit and proper person to hold a restricted licence having regard to the safety of other road users and the public generally: section 87(5)(a)(i) TORUM Act. Otherwise he is eligible to apply and satisfies the criteria to obtain a restricted licence.

1. The charge and application generally came before me on 8 March 2017 and have adjourned proceedings to today for decision of the application and conviction and sentence.

1. Mr White relies on his affidavits dated 13 February 2017 and 8 March 2017 as well as an affidavit from Rebecca Lyn Miller dated 13 February 2017 as evidence to support his application for a restricted driver’s licence.

1. Mr White is a 45 year old single man with no dependents.

1. He is currently employed by Graham Gosper Grade Hire Pty Ltd on a permanent part-time basis since January 2017.

1. He drives a truck and transports other employees and passengers between jobs, Ms Miller indicates if he is not granted a work licence, they would have to cease his employment as he would be unable to perform the work required and no other positions are available.

1. The offence took place on 21 December 2016. He had finished working and was drinking at home at Wycarbah when he received a phone call from his sister who lives in Mt Morgan. She indicated she was having an argument with a neighbour and asked him to come over.

1. Police were performing random breath testing and the Breath Analysis Certificate indicates he had a blood alcohol concentration (BAC) of .094% when he was driving to his sister’s place in Mt Morgan.

1. Mr White has a four page traffic history which was tendered.

1. On 28 August 2009 he was convicted in this Court of driving under the influence of liquor or a drug on 28 July 2009 with a reading of .172 BAC.

1. On 10 April 2007 he was convicted of driving under the influence of liquor or a drug on 1 February 2007 with a reading of .151 BAC.

1. On…