Drive While Suspended – Withdrawn
Our client was pulled over by police and was found to be driving on a suspended drivers licence. She told the police at the time that she did not know she was suspended, and that as to her knowledge, some previous fines incurred were dealt with by her husband. She was a woman in her 50’s with no prior convictions.
Kristina Kothrakis represented the client at the Melbourne Magistrates’ Court.
We were successful in having the prosecution withdraw the charge against her. A defence to the charge of drive whilst suspended is that the person had an honest and reasonable belief that their licence was valid.
Whilst it is often easy to show that a person’s belief was honest, the defence often falls over when assessing if it was reasonably held. In this instance, the client was on a 12-month option with VicRoads. There were two family cars registered under her name. Her husband incurred a speeding fine in one of the cars during the period of the 12-month bond.
They did not receive the initial letter advising of the fine. When the reminder notice came, they realised that it was the husband who had incurred it. He told his wife he would deal with the matter and nominated himself as the driver. Due to a myriad of personal problems they were experiencing at the time following the death of our client’s mother and subsequent family feud over the estate and care for her father, the husband forgot to nominate. VicRoads then suspended her licence. He did not tell his wife about this and instead opted to try and sort it out himself so as to not add to the pressure she was under. He then had a major health scare at that time, which again took his attention away from the licence issue.
We took affidavits from both the client and her husband in relation to when they learned about the suspension and what action was taken by each of them. These were submitted to the prosecution and the informant. The prosecution accepted that if the matter were to proceed to contested hearing, the Magistrate would accept what was being said about her knowledge at the time and the reason for it.
The charge was withdrawn at Court.
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
Visit Kristina’s profile to read more about her background and experience.
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 29/06/2015