Speed Cameras

Driving whilst suspended - Section 10 - Criminal Offence

Criminal Defence Lawyers Sydney and Parramatta Offices

Nyman Gibson Stewart
Criminal Lawyers

Kogarah Local Court
Represented by Solicitor: Carol Younes 

Facts:  Our client received an infringement notice in the mail and realized that the offence was committed by his mother in his car; he completed the relevant paperwork but failed to follow up the status of his licence with the Authority. His licence was eventually suspended for incurring too many demerit points. When stopped by police he tried to explain his way out it, but was issued with a court attendance notice for driving whilst suspended. This was his second relevant offence in a five year period and hence he was looking at the following maximum penalties: $5500 fine, 2 years gaol and a mandatory minimum 2 year disqualification. 
Result:   Ms Younes appeared for him and argued that although it was an inexcusable oversight on his behalf that he failed to follow up the status of his licence, the penalty that would flow if a conviction where recorded would be above and beyond what would be appropriate considering the objective seriousness of his offending. Ms Younes urged the magistrate to take into account the strong subjective features in our client’s case and without recording a conviction the magistrate ordered that he enter into a good behaviour bond under section 10 for a period of 6 months.  The client was ecstatic, he had prepared himself for 2 years off the road.

 

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