Ophelia Hollway
This is a real case study by one of our lawyers. The person who is in charge of this area in the firm is Ophelia Hollway. Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George. She has defended a wide range of allegations including sexual offences, drug offences, corporate crime, and driving matters, and served as instructing solicitor in the Coronial Inquest into the Death of Kumanjayi Walker.
View full profile →This is a case study on withdrawing a charge of Driving Without Headlights.
What is alleged to have occured?
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.
What happened at 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.
What was the result?
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.
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 06/09/2019
