Third time drive disqualified offence results in section 10 non conviction dismissal after pleading guilty at Blacktown Court

Share This Article

Our client is a 31-year-old truck driver who has no family in Australia. He was charged with drive while disqualified for the third time in a row and appeared at the Blacktown Local Court in relation to the charge. At the time of this third driving disqualified offence he was already disqualified from driving. As a truck driver he needed his licence to derive an income to feed himself and maintain a roof over his head.

Our client contacted our Principal lawyer Jimmy Singh who our client was referred to by a previous client. Our Jimmy explained the process, likely results, and extent of preparation it will take to increase his chances at avoiding a further disqualification given this is a third offence of this kind.

Both Jimmy and our specialist criminal defence lawyer Alex Istifan commenced preparation immediately in order to maximise our client’s chances at getting a non-conviction outcome. All documents/evidence that addressed important aspects of the case which the Magistrate would want to know of were prepared and handed up to the court by our Alex before lengthy submissions were give to the Court on behalf of our client.

Alex knew this was going to be a tough one to convince the Court to not convict our client given our clients bad traffic record. However, this did not deter Alex from giving it the best possible shot.

Our client had appeared in court on two prior occasions without representations and was already twice convicted, fined and disqualified from driving on both prior offences. This third time committing the offence placed our client in jail territory causing the need for a more unique approach to the case.

In the result, Alex managed to convince the Magistrate to not impose a conviction on our client. Our client was sentenced with a section 10 dismissal. As a consequence our client was not disqualified further and avoided jail. This was a fantastic result for our client who had a bad driving record with this being his third drive disqualified offence over a short period of time. This also meant our client was not fined. He is able to get back to driving trucks.

Published on 23/02/2022