Drive Whilst Disqualified – Fine, No Licence Disqualification

DrivingThis is a case study on a charge of Drive Whilst Disqualified resulting in a fine with no licence disqualification.

Our client was charged with two counts of Driving Whilst Disqualified against section 30 of the Road Safety Act 1986 (Vic). The offences were committed less than two months apart. The maximum penalty for this offence is 2 years imprisonment or a fine of around $38,000.

The client’s driver’s licence was disqualified by the Magistrates’ Court for 6 months due to driving offences. She was then stopped by the police twice for driving during the disqualification period. She did not have a lawful reason for driving.

Tyson Manicolo represented the client at the Broadmeadows Magistrates’ Court for the charge of Drive Whilst Disqualified.

At first blush, this seemed like a straightforward plea. However it was quite complicated because our client had defied a court order not to drive twice in a short period of time. This means that a plea would take a lot of work and preparation.

During Tyson’s first conference with the client, he explained to her that she was at risk of receiving a prison sentence. Tyson believed that it is important to be upfront with clients so that they can mentally prepare themselves and give their matter the priority it deserves. Tyson then organised the following:

  1. Booked the client in for a safe driver’s program. This is a 3-hour course provided by VicRoads-approved providers which costs $360. The aim of the course is to remind people of the risks associated with driving. Magistrates generally look upon this favourably because it is rehabilitative and punitive.
  2. Tyson spoke with the client’s friends and family and mustered character references. These references must take a particular form to be relied upon in court. Our firm has created a template that we then provided to our clients’ friends and family to guide them.
  3. Tyson advised the client to bring a support person to court to show that she is connected to the community and is taking responsibility for her offending. It is important to remember that you should not bring children to court because magistrates normally do not appreciate this. In this case, our client brought her family friend along to support her.
  4. Tyson asked the client to bring in proof that she was looking for work. After hearing the plea submissions on behalf of the client, the magistrate imposed a fine with no licence disqualification for the Drive Whilst Disqualified charge.

If you are charged with driving offences, you should not underestimate the court’s power to impose an immediate prison sentence. We suggest that you call us immediately to discuss your matter because we are experienced in preparing people to put their best case forward.
 

Elements of Drive Whilst Disqualified:

  • The accused drove.
  • The accused drove a motor vehicle.
  • The accused drove on a highway.
  • The accused was disqualified.

 
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Tyson ManicoloTyson Manicolo

Tyson is part of our Broadmeadows team and provides legal representation to clients facing charges in the Magistrates' and Children's Courts of Victoria. He is experienced at providing criminal defence against both summary and indictable crimes as well as in instructing Counsel. Tyson holds multiple degrees in Bachelor of Legal Studies, Bachelor of Law, and a Graduate Diploma of Legal Practice.

Admitted to practice in 2016, Tyson has a passion for advocacy and takes pride in helping people understand the law. He ensures that clients are given sound legal advice, a fair trial, and a strategic defence that will lead to the best possible outcome in court.

Know more about Tyson by visiting his profile here.
 


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 05/09/2019