A drug driver has been granted the opportunity to get his licence back.
A drug driver has been granted the opportunity to get his licence back.

Drug driver overturns absolute disqualification after crash

A drug driver who caused a woman's organs to be punctured in a crash has successfully overturned the absolute disqualification of his licence.

Dallas John Devine was disqualified absolutely from driving after causing a four-vehicle crash on the David Low Way on May 17, 2017 when he was affected by amphetamine, methamphetamine, diazepam and nordiazepam.

Maroochydore District Court heard Devine slammed into the back of Carla Nicole Toonen's car which spun into oncoming traffic.

Among Ms Toonen's injuries were bleeding to the membrane around her brain, bruising to her brain, lacerations to her lung and liver, and a fractured pelvis, pubic bone and fibula.

Devine pleaded guilty in November 2018 to dangerous operation of a vehicle causing grievous bodily harm while intoxicated.

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He was sentenced to five years in jail with parole eligibility on August 6, 2019, and his licence was taken away indefinitely.

That wasn't the first time he was ordered off the roads.

Devine had been disqualified absolutely in 1991, but given his licence back seven years later.

The driver has successfully overturned an absolute disqualification once again, a court decision published on Friday revealed.

After a hearing, Judge Gary Long had to consider Devine's conduct, his lengthy criminal and traffic history, and the significant community interest in the safety of all road users.

"On the other hand, the applicant has produced sufficient material to confirm that during his incarceration he has made significant steps towards facilitating his rehabilitation," Judge Long said.

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Devine's application to the court, filed on the very day he became eligible to apply, showed he had obtained new qualifications and sought help with his drug addiction and life skills.

His desire to help others with their rehabilitation through Narcotics Anonymous was at the forefront of his application.

Judge Long said police neither opposed or consented to Devine's application to be able to obtain a licence again.

"In the circumstances of this case, the ongoing promise of the efforts undertaken by the applicant towards his rehabilitation should be recognised by providing him encouragement and hope for the future, by allowing him to again obtain a driver licence," Judge Long said.

"But particularly having regard to the extent to which the punishment inherent in the order has been endured to date, that will be allowed as from 6 April 2021."


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