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Our 28-year-old client who is a sole provider for his young family had received a notice of suspension of his driver licence from the RMS for 3 months as a result of exceeding the demerit point limit. He received this due to committing 4 relevant traffic offences, including disobeying traffic lights, parking in a disabled car spot and speeding.
Our client was trying to juggle 2 jobs due to his financial difficulties at the time.
Given his suspension, this meant that his wife would drive him to and from jobs with their 5 month old baby during the night.
This caused a huge disruption to their family life and financial circumstances.
To make matters worse, during the September long weekend, our client’s 5-month old baby was unwell. His wife was unable to take him to his job.
Given his financial difficulties, and the long weekend rates, our client made the decision to drive to work whilst suspended.
On the way home from work the next morning, our client saw a police RBT set up on the road ahead of him.
In a panic, he made the decision to turn left at the next available street which happened to be a no entry road.
Our client was pulled over by the police and subsequently charged with Drive whilst Suspended, which carries a maximum fine of $3,300 and 6 months imprisonment.
This also carries with it an automatic 6 month driver licence disqualification period. He was further charged with Disobey No Entry sign, which carries a fine and 2 demerit points. This was on a double demerit weekend.
Our client contacted our office and immediately consulted with our team of specialist traffic defence lawyers.
One of our specialist traffic lawyers, Tayla Regan conducted a consultation and provided our client with a list of numerous materials to gather including good character reference letters, an apology letter to the court and evidence of his visa status.
Tayla assisted our client by guiding him at every stage, thoroughly preparing his case and confidently making compelling submissions to the Magistrate in court on the sentence proceedings.
Upon our advice to our client, he had also attended and completed the Traffic Offenders Program. It is important to ensure that the correct accredited course is completed so that the court can use it in your favour during the sentence.
When the matter was heard in the Burwood Local Court, Tayla Regan managed to convince the Magistrate to not impose a conviction against our client. As a result, the court imposed a Conditional Release Order without conviction for 2-years. This meant that our client did not lose demerit points, received no fine and no conviction for both charged he had pleaded guilty to.
Our client was therefore not disqualified from driving, and was given an opportunity to pursue his career and provide for his family.
This was all thanks to the hard work by our team of lawyers and our traffic lawyer, Tayla Regan who professionally and persuasively presented his case to the Magistrate despite his poor traffic history.
It is important to get urgent advice and representation from an experienced traffic defence lawyer when facing a suspension or disqualification period, especially if your livelihood is at stake.