Disqualified Driving and Running a Red Light

Driving Whilst DisqualifiedThis a case study involving charges of Disqualified Driving and Running a Red Light.

Our client was disqualified from driving for 6 months due to a previous conviction at court for driving offences. He came to the attention of the police for running a red light in his work truck during the period of disqualification. He stood to lose his licence for a further significant period of time which would affect his livelihood as he was a road-worker with a heavy rigid truck licence by trade.

The court would ordinarily treat driving whilst under a court imposed disqualification period with severe penalties because it is seen as a flagrant disregard for court orders. Penalties would ordinarily involve increases in the penalty scale and significant losses of licence.

We represented the client at the Werribee Magistrates’ Court for the charges of:

The matter proceeded as a plea of guilty to both charges. Submissions were made about limiting the client’s loss of licence in all of the circumstances and imposing an aggregate fine.

We were able to provide the court with evidence that was consistent with the incident being a one-off episode and not a flagrant disregard of the court order, but rather a split second decision under pressure from his employer at the time. We used this evidence to satisfy the court of the client’s version of events, which while not giving rise to a defence, substantially lessened the severity of the offending.

The court accepted all matters put to it by the defence and ultimately imposed a modest fine and only 21 days suspension in all the circumstances surrounding the disqualified driving and running a red light. Our client was then able to negotiate an extension of his alternate duties at work (given the reasonability of the further suspension period) which saved his employment and his ability to meet mortgage repayments as the sole breadwinner for his family.

 


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 24/01/2018