Fine Without Disqualification for Driving Whilst Suspended

Driving Whilst SuspendedThis is a case of fine without disqualification for driving whilst suspended and failing to obey a “No Trucks” sign.

Our client had been charged with two traffic offences. He was a truck driver who had been suspended from driving for exceeding the speeding limit by more than 45 km/h. He had a poor driving record which included multiple priors for driving whilst suspended, speeding, and leaving the scene of accidents.

We acted on the client’s behalf at the Sunshine Magistrates’ Court. The charges were:

The main concern of the client was to avoid further disqualification from driving. This was very important to him because he was usually employed as a truck driver and could not work without his licence.

Submissions were made to the Magistrate about the importance of our client’s licence and his inability to secure other forms of employment (he had made many other unsuccessful job applications during the period of suspension). The circumstances of the offences and the resulting extreme financial hardship to the client was also highlighted. We asked the Magistrate to instead increase the amount of any fine she would impose rather than further disqualifying the client from driving.

The Magistrate ultimately imposed a fine of $1,000 and no further disqualification from driving was ordered. This amount was payable by monthly instalments and can be converted to community work. This was a good outcome and the client was especially relieved as a fine without disqualification for driving whilst suspended meant that he could still resume his work as a truck driver.

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 08/03/2017