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Driving Whilst License Disqualified, plea of guilty in Magistrat...
Driving Whilst License Disqualified, plea of guilty in Magistrates Court
Written by
Shaun Pascoe
Criminal Defence Lawyer
Driving - Other Traffic Offences
The Name of the Offence
Drive whilst license suspended
Place of the event - Drive whilst license suspended
Sunshine/Footscray
The court attended - Drive whilst license suspended
Sunshine Magistrates Court
Facts of the Case - Drive whilst license suspended
Shaun Pascoe was briefed to appear for a client to enter a plea of guilty at the Sunshine Magistrates Court to several charges of Drive Whilst License disqualified. The law currently provides that a Magistrate must impose a term of imprisonment for a subsequent drive whilst license suspended/disqualified offence. Shaun’s client had 7 prior offences for drive whilst license disqualified, and he received a term of imprisonment (to be served in the community, an ICO) for his last offence of drive whilst license disqualified.
Results Achieved
As at the date of the hearing at Sunshine Magistrates Court, he was a 24 married, with a son of 2 years, and his wife, pregnant with their 2nd child. Shaun Pascoe successfully argued that notwithstanding his poor driving history, that his client be given yet another opportunity to avoid jail, because of his client’s personal circumstances, and the impact incarceration would have on his family. His client received a wholly suspended sentence, and a CBO to perform 25 hours unpaid community work over 4 months.
