Fine Without Conviction for Driving Whilst Suspended
This is a case study involving a sentence of fine without conviction for Driving Whilst Suspended.
Our client was charged with two counts of Driving Whilst Suspended. He lost his licence due to demerit points which accrued due to excessive speeding.
The first time the client drove whilst suspended, he told the police that he got the dates mixed up and he thought he had his licence back. The second time, he knew his licence was suspended but he drove to work anyway.
Driving whilst suspended is a serious charge. The court can impose orders cancelling a person’s licence and can even send a person to prison.
The case was heard at the Heidelberg Magistrates’ Court and Jessica Clothier acted on the client’s behalf. It must be noted that Jessica successfully secured a sentence of fine without conviction in this case of Driving Whilst Suspended.
To achieve the said outcome, Jessica consolidated the client’s matters and brought them together to be heard as a consolidated plea. Submissions were made about the client’s personal background, his lack of priors, and his early plea of guilty.
Jessica tendered character references which explained how the client separated from his wife in 2016 (the year he incurred multiple demerit points). The character references also explained how hard he worked for his family, and how he needed to drive to work to earn money to support his kids.
Jessica also knew that the client was most scared about losing his licence. She therefore highlighted the importance of his licence for his current job.
Her Honour imposed a fine without conviction for the Driving Whilst Suspended charge. But more importantly, no orders were made against the client’s licence. This was a fantastic result. The client could continue to drive to work and earn money for himself and his family.
When choosing a lawyer, it is important to pick someone who will ask you what’s important to you – and someone who will fight for you to get the best result possible.
Elements of Driving Whilst Suspended:
- The accused drove;
- The accused drove a motor vehicle;
- The accused drove on a highway; and
- The accused was disqualified.
Other related case studies:
- Drive Whilst Suspended – No Order Made Against Licence
- Driving Whilst Suspended – No Conviction, No Licence Suspension
- Fine Without Disqualification for Driving Whilst Suspended
- Driving Whilst Disqualified, Exceeding Signed Speed Limit
- Drive Whilst Suspended – Fourth Offence
Admitted to legal practice in April 2018, Jessica has completed placements at Springvale Monash Legal Service and at one of the top immigration firms in Australia. She graduated with Honours in Law in 2017 from Monash University and finished her Practical Legal Training at Leo Cussen Centre for Law.
Click here to know more about Jessica's background.
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 21/05/2019