Driving Whilst Suspended – No Conviction, No Licence Suspension

This is a case of Driving Whist Suspended that resulted in a fine with no conviction and no licence suspension.

What is alleged to have occured?
Our client had received correspondence from VicRoads advising him that his license was to be suspended for a period of 3 months due to exceeding the allotted number of demerit points. However, as he was in the middle of house renovations, the letter was overlooked and he continued to drive, unaware his license was suspended.

A few days before he was due to have his license reinstated and the suspension lifted, he was pulled over by Highway Patrol and was charged with Driving Whilst Suspended. He admitted to police that he was unaware of the suspension and had therefore been driving throughout the 3-month suspension period.

What happened at court?
We acted on his behalf at the Broadmeadows Magistrates’ Court.

Our client could not afford to lose his license as he had responsibility for the primary care of his young children and he runs his own business. Given he had driven for all but the few last days of his suspension period, there was a powerful argument that he should have a further period of suspension imposed. However, any loss of license would have had devastating impacts on his ability to run his own business and care for his children.

We arranged for character references to be provided from family members, employees and others who had worked with our client in community projects to establish that this offence was completely out of character. Submissions were made as to our client’s good driving history, lack of any priors, and the significant deterrent effect the court hearing had had on him.

What was the result?
Ultimately, the Magistrate was persuaded not to impose any further period of licence suspension and instead imposed a modest fine of $500 without recording any conviction against the client. It was an excellent result for a case of Driving Whilst Suspended especially due to the fact that no conviction and no licence suspension was imposed.

Related case studies
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 23/06/2017