Dismissing Drive Whilst Suspended

This is a case that involves dismissing a Drive Whilst Suspended charge.

What is alleged to have occured?
Our client was intercepted by the police driving her car. Checks revealed that she was a suspended driver. She told the police that she knew she had been suspended due to demerit points, but that she had successfully had the associated fines revoked. She believed this would have the effect of reversing the demerit point application and her licence would be reinstated.

The client was charged with Drive Whilst Suspended and Kristina Kothrakis represented her at the Melbourne Magistrates’ Court.

What happened at court?
The client was correct in her assumption about the reversal of the demerit points. However, her error was in simply commencing driving without VicRoads confirming that they have received the necessary information and had reinstated her licence.

Submissions were made to the magistrate about the client’s partner being the one responsible for accruing the demerit points, not her. This was relevant to the magistrate’s assessment of her usual driving habits. Material was also provided to the magistrate outlining a serious illness the client suffers from, and the serious impact this has on her capacity to work and on her quality of life.

What was the result?
The magistrate accepted everything which was submitted. He considered that given the circumstances and the fact that our client had no prior history, he would find the matter proven and dismissed. There was no further order on the client’s licence making it an excellent case of dismissing a Drive Whilst Suspended charge.

Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

View Kristina Kothrakis’ 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 18/06/2018