This is a case study on a Community Correction Order for Drive Whilst Suspended.
What is alleged to have occured?
Our client was charged with several driving offences and a breach of a CCO. He was facing a potential term of imprisonment given his extensive criminal history. He also had a history of failing to appear in court and failing to comply with court orders.
What happened at court?
We acted on the client’s behalf at the Melbourne Magistrates’ Court for the charge Drive Whilst Suspended.
As the client wished to plead guilty, we consolidated his driving briefs and booked it off for a consolidated plea. We made sure the breach was listed on the same day so he would be sentenced for all his offending in the one hearing.
We appeared for the client and made submissions on the client’s behalf. In particular, we highlighted the 103 days the client had already served in custody on an indictable matter, which was ultimately withdrawn. We also highlighted the difficulties the client had faced in prison due to his sexuality, and described the hardship the client would face if sent to prison again.
What was the result?
His Honour imposed a Community Corrections Order for Drive Whilst Suspended. This was an excellent result given the client’s history of breaching court orders and failing to appear.
Elements of Drive Whilst Suspended:
What is alleged to have occured?
Our client was charged with several driving offences and a breach of a CCO. He was facing a potential term of imprisonment given his extensive criminal history. He also had a history of failing to appear in court and failing to comply with court orders.
What happened at court?
We acted on the client’s behalf at the Melbourne Magistrates’ Court for the charge Drive Whilst Suspended.
As the client wished to plead guilty, we consolidated his driving briefs and booked it off for a consolidated plea. We made sure the breach was listed on the same day so he would be sentenced for all his offending in the one hearing.
We appeared for the client and made submissions on the client’s behalf. In particular, we highlighted the 103 days the client had already served in custody on an indictable matter, which was ultimately withdrawn. We also highlighted the difficulties the client had faced in prison due to his sexuality, and described the hardship the client would face if sent to prison again.
What was the result?
His Honour imposed a Community Corrections Order for Drive Whilst Suspended. This was an excellent result given the client’s history of breaching court orders and failing to appear.
Elements of Drive Whilst Suspended:
- The accused drove
- The accused drove a motor vehicle
- The accused drove on a highway
- The accused was disqualified
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 24/01/2019
