Driving Whilst Suspended – Honest and Reasonable Mistake

This is a case study on Driving Whilst Suspended arising out of an honest and reasonable mistake.

What is alleged to have occured? Our client was charged with Driving Whilst Suspended and had multiple relevant priors. He instructed us that during the term of his suspension, he renewed his driver’s license at VicRoads and was given a temporary license until he was issued with his license proper. However, the VicRoads representative neglected to tell him that his license was currently suspended.

He was then charged with the following offences:

What happened at court?
We represented the client at the Broadmeadows Magistrates’ Court. After ventilating the issues before the magistrate, we managed to convince her Honour and the Prosecution that a defence of honest and reasonable mistake was available. This led to the charges being ultimately withdrawn.

What was the result?
In light of the client’s priors for similar offending, the magistrate indicated to him that he would have received a custodial sentence had the charge of Driving Whilst Suspended been proven. Honest and reasonable mistake was an excellent defence in this case given the circumstances.
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 30/04/2018