Drive Unregistered Motor Vehicle and Fraud-Related Traffic Charges

Hands on Steering WheelThis is a case study on Drive Unregistered Motor Vehicle and fraud-related traffic charges.

Our client was charged with fraudulently using false registration plates, fraudulently using/altering compliance plates, fraudulently using altering VIN plates, and unregistered driving. The facts were that our client was intercepted by the police whilst driving his car and trailer to a rental property where he had intended to carry out repairs following a long drawn out battle to evict derelict tenants.

The police then noticed that the registration plate for his trailer did not match the details recorded on Vic Roads, and so our client was stopped and further inquiries were made. As a result of these inquiries, our client admitted to using false registration plate and false compliance and VIN numbers.

The client made full admissions to the police and subsequently sent a letter of apology to them.

It was also revealed that the client own a few vehicles that were identical in make and colour to his rural property. One vehicle was registered but not working. The other vehicle was working but not registered.

Shaun Pascoe provided legal representation for the client at the Broadmeadows Magistrates’ Court. The exact charges were Drive Unregistered Motor Vehicle and the following fraud-related traffic charges:

It was identified early in conference with our client that he would be pleading guilty to the offences. A focal point in the preparation of the client’s case was to emphasise his otherwise good character and to put the offending into a context which could be understood. In this case, our client had committed the offences due to financial strain and to avoid the cost of registering a vehicle.

Our client had a distinguished career with the Australian Defence Force (ADF), and he was asked to provide evidence which demonstrated his commitment not just to the ADF but also to the broader community. This material was subsequently presented to the magistrate on the plea.

The prosecution would not accept an application for diversion and so the case proceeded as a plea in mitigation before a magistrate. Submissions to the magistrate emphasised our client’s previous good character and his long career with the ADF. Various commendations were submitted to the court which clearly indicated our client as being a community-minded individual.

The submission that the offences were therefore out of character was readily accepted by the sentencing magistrate. For all the offences – the Drive Unregistered Motor Vehicle and fraud-related traffic charges – our client received an adjourned undertaking to be of good behaviour for 9 months. Importantly, this outcome was made without a conviction being recorded. The magistrate also did not make any orders against the client’s driver’s license.
 
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Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.
 


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 31/07/2019