Drive While Suspended – No Order Against Licence
Following suspension of his licence due to loss of demerit points, our client was suspended from driving for 3 months by VicRoads.
The client was then caught driving while suspended on three separate occasions during the period. He was charged with:
- Drive While Suspended By Infringements
- Exceed Speed Limit
Amelia Ramsay acted on his behalf at the Melbourne Magistrates’ Court.
On the first incident, we successfully negotiated to have the charge withdrawn on the basis of the defence of honest and reasonable mistake of fact. The client instructed us that he had not received any mail from VicRoads notifying him of the suspension. He was able to obtain a letter signed by residents in his street confirming an ongoing issue of undelivered mail. Further, the client was able to provide receipts following his attendance at VicRoads during the suspension period where he was not notified of the suspension but renewed his expired motorbike licence. That charge relating to the first incident was withdrawn.
When the second charge came before the court, we sought an adjournment knowing that a further Drive While Suspended charge was expected for the third incident. We advised client that it will be better to appear before the court on one occasion with two briefs and have them dealt with together, rather than appear before the court on two separate occasions where a prior would have been recorded and taken into account by the magistrate on the second occasion.
On the first incident, we successfully negotiated to have the charge withdrawn on the basis of the defence of honest and reasonable mistake of fact. The client instructed us that he had not received any mail from VicRoads notifying him of the suspension. He was able to obtain a letter signed by residents in his street confirming an ongoing issue of undelivered mail. Further, the client was able to provide receipts following his attendance at VicRoads during the suspension period where he was not notified of the suspension but renewed his expired motorbike licence. That charge relating to the first incident was withdrawn.
When the second charge came before the court, we sought an adjournment knowing that a further Drive While Suspended charge was expected for the third incident. We advised client that it will be better to appear before the court on one occasion with two briefs and have them dealt with together, rather than appear before the court on two separate occasions where a prior would have been recorded and taken into account by the magistrate on the second occasion.
Ultimately, we were able to secure a very positive outcome for a client who, when he came first to our office, was facing 3 possible charges of Drive While Suspended which in many cases will likely result in a term of imprisonment. The magistrate imposed a fine with conviction but no order was made against our client’s licence. He was also given 3 months to pay the fine and was advised by court to contact them if he fails to pay the fine by the due date so a payment plan could be arranged.
Amelia Ramsay
Admitted to practice in 2013, Amelia performs her work with care and professionalism ensuring clients understand the Court process, their charges and that they receive the best possible outcome.Since joining Doogue + George, Amelia has represented clients in a broad range of indictable offences including, manslaughter (one-punch laws), foreign incursion and terrorism related offences, importation of drugs, cultivation of drugs, and sexual offences. Her work has included trials in the County and Supreme Court, plea hearings and contested committals as well as appeals to the Court of Appeal. Amelia works closely with barristers including briefing Queen’s and Senior Counsel. Amelia also appears regularly at the Melbourne Magistrates’ Court and suburban courts as a solicitor advocate.
Check out Amelia’s profile to know more about her legal background and specialisations.
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 31/08/2016
