This is a case study on Driving Whilst Disqualified with an aggravating feature.
What is alleged to have occured?
Our client was pulled over by the police and checks revealed that he was the holder of a suspended driver’s licence. It had been suspended by a court some weeks prior. Upon being pulled over, he admitted to knowing he ought not to have been driving.
The fact that the client had been suspended just weeks earlier from a court was an aggravating feature of this offending. It suggested that he had little regard for the sentencing imposed by the magistrate. In order to get a good result in this matter, it was important to properly explain the reason he chose to drive that day.
He was charged with Drive Disqualified and Kristina Kothrakis acted on his behalf at the Wodonga Magistrates’ Court.
What happened at court?
The matter proceeded as a plea of guilty to the charge.
Through persuasive submissions and excellent character references, Kristina was able to portray the client as an otherwise responsible and resourceful young man. His drive and dedication to his work, and running his own business at the age of 21 was a testament to his otherwise good prospects. The court was also told about the financial impact that not having a licence has had on him.
What was the result?
The magistrate accepted all the submissions made and was persuaded to impose a small fine, and to not interfere with the client’s licence. This was a good result especially that the Driving Whilst Disqualified had an aggravating feature.
Elements of Driving Whilst Disqualified:
What is alleged to have occured?
Our client was pulled over by the police and checks revealed that he was the holder of a suspended driver’s licence. It had been suspended by a court some weeks prior. Upon being pulled over, he admitted to knowing he ought not to have been driving.
The fact that the client had been suspended just weeks earlier from a court was an aggravating feature of this offending. It suggested that he had little regard for the sentencing imposed by the magistrate. In order to get a good result in this matter, it was important to properly explain the reason he chose to drive that day.
He was charged with Drive Disqualified and Kristina Kothrakis acted on his behalf at the Wodonga Magistrates’ Court.
What happened at court?
The matter proceeded as a plea of guilty to the charge.
Through persuasive submissions and excellent character references, Kristina was able to portray the client as an otherwise responsible and resourceful young man. His drive and dedication to his work, and running his own business at the age of 21 was a testament to his otherwise good prospects. The court was also told about the financial impact that not having a licence has had on him.
What was the result?
The magistrate accepted all the submissions made and was persuaded to impose a small fine, and to not interfere with the client’s licence. This was a good result especially that the Driving Whilst Disqualified had an aggravating feature.
Elements of Driving Whilst Disqualified:
- The accused drove
- The accused drove a motor vehicle
- The accused drove on a highway
- The accused was disqualified
Kristina Kothrakis
Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
View Kristina Kothrakis’ 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 31/07/2018
