Drive Whilst Suspended – Fourth Offence

This is a case study on a charge of Drive Whilst Suspended being a fourth offence.

What is alleged to have occured?
Our client is in his mid 30’s and was a qualified engineer on a six figure income who endured a work place injury. He has been declared unfit for work till retirement. He was currently being paid by Work Cover at a significantly reduced income compared to what he was earning during his employment. He uses his vehicle to get himself to and from medical appointments on a daily basis. Unfortunately, he has no support within the community to assist him to get to appointments other than to use taxi/uber services.

Due to the amount of appointments he is required to attend, the cost of taxis would significantly eat into his income from Work Cover. He had lost his licence due to an excessive speed matter and he came before the court on his fourth offending for Drive Suspended.

What happened at court?
Dee Giannopoulos acted on the client’s behalf at the Melbourne Magistrates’ Court on the charge of Drive Whilst Suspended.

On a fourth offence of Drive Suspended, one could expect a Community Corrections Order from a lenient bench. Immediate imprisonment is within range. The law used to be that on a first offence of Drive Suspended, imprisonment could be imposed. Thankfully the law has changed in that respect. However, our client came before the court for the fourth time on the same charge in similar circumstances.

We were able to persuade a magistrate to impose a further financial penalty and NOT to have any effect on our client’s licence. This was because of the material that we collated and provided to the court indicating the extent of our client’s injuries and the extenuating circumstances which required him to be able to get himself to medical appointments.

It was also significant that he had miscalculated the time off the road by two days and this was taken into account by the magistrate. There was no evidence that he had driven at any other time during his suspension.

What was the result?
Our client received a fine of $800 remitted to Fines Victoria so he can make a payment arrangement with them. This was a good outcome for a case of Drive Whilst Suspended as a fourth offence given the absence of order against the client’s licence and the type of penalty imposed despite the circumstances.

Dee Giannopoulosdee-giannopoulos-profile

Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.

View Dee Giannopoulos’ 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 19/06/2018