Adjourned Undertaking Without Conviction for Drive Whilst Suspended

This is a case study on a sentence of adjourned undertaking without conviction for Drive Whilst Suspended.

Driving home from seeing his girlfriend late one night, our client became confused in an area undergoing roadworks. It was dark and the weather was poor. The normal road markings had been painted over by diversion markings and roadwork bollards had been placed on the road. As a result of the changed and confusing road conditions and the poor visibility, our client ultimately collided with a safety bollard wall at the end of a turning lane. He checked his car for damage, spoke to another driver who was nearby, and went home.

What is alleged to have occured?
Unbeknownst to our client, the safety bollard that he had knocked over had fallen over onto a pedestrian. Our client first became aware of this when the police attended at his house later that evening. He was shocked and distressed to learn of the serious injuries suffered by the other party, and made it clear to the police in his interview that had he been aware of the pedestrian’s presence, of course he would have done anything he could have to assist.

He also admitted that he had been suspended from driving for an accumulation of demerit points. For some time, our client did not know what the consequences would be for him as a result of his decision to drive that night. Ultimately, the Major Collision Investigation Unit determined that the collision was in no way our client’s fault. However he was charged with Drive Whilst Suspended which eventually led to an adjourned undertaking without conviction.

What happened at court?
Kate Da Costa represented him at the Werribee Magistrates’ Court.

Our client was a truck driver and relied on his licence for work and to support his family. A loss of licence would mean a likely loss of employment.

Submissions were made to the court about our client’s genuine and lasting remorse for the consequences of his decision to drive that night, and the emotional toll that had been taken in during the the 18 months since the incident. Submissions were also made on the significant financial toll that a loss of licence would mean for him in the future.

What was the result?
Ultimately the court took the view that the delay in proceedings was not caused by him and that he had been impacted by the incident. Following a plea in mitigation and the submissions on the client’s behalf, he was sentenced to an adjourned undertaking without conviction for Drive Whilst Suspended. No order was made against his driver’s licence and he was able to continue with his employment.

Elements of Drive Whilst Suspended:
  • The accused drove
  • The accused drove a motor vehicle
  • The accused drove on a highway
  • The accused was disqualified
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Kate Da CostaKate Da Costa

Kate is one of our senior associates and is part of our Sunshine team. She regularly represents clients at the Sunshine Magistrates’ Court for various criminal legal issues.

Admitted to legal practice in 2002, Kate has since been working exclusively in the field of criminal law. She has experience in all Victorian criminal law jurisdictions including in the High Court of Australia.

View Kate Da Costa’s profile.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 18/09/2018