Withdrawing a Charge of Driving Without Headlights
This is a case study on withdrawing a charge of Driving Without Headlights.
Our client was a taxi driver who had previously elected to take the 1 x point option on his licence after accruing a number of demerit points over time. On the night of the alleged offence, the client had driven his taxi out of a well-lit taxi rank, heading for another part of the airport. He failed to immediately switch on his headlights as he left the carpark and was intercepted by the police nearby.
The client was issued with an infringement notice for driving without the headlights operating, an offence which breached his 1 x point bond and would lead to his licence being suspended. The client elected to contest the charge and take the matter to court.
The case was heard at the Broadmeadows Magistrates’ Court on a charge of Driving Without Headlights.
We held a case conference with the police prosecution in this matter. This allowed us to advocate on behalf of the client and outline compelling reasons why the police should have exercised their discretion on the night, and given a caution instead of an infringement notice in all of the circumstances.
The prosecutor then liaised with the police member who initially charged the client. They ultimately agreed to withdrawing the charge of Driving Without Headlights and pursued no further action against the client. The outcome was that the client avoided any licence loss and was able to keep working as a taxi driver.
Other related case studies:
- Drug Driving With Priors – Minimum Licence Disqualification
- Driving Offences – Fine, Licence Cancelled and Disqualified
- Exceed Speed Limit (40kms – 45kms/hr in Excess of Permitted Speed Limit)
- Refuse Breath Test and Unlicensed Driving – Withdrawn
- Drive While Suspended – Withdrawn
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 06/09/2019