Our client was unaware of his Drive Whilst Suspended court date. He was convicted in his absence by the court, fined $500 and given a disqualification period of 12 months.

Solicitor at Streeton Lawyers Zoe Whetham lodged an annulment application against these orders, which was successful. Accordingly, the matter was relisted for sentence this week.

On his behalf, Zoe made a submission that no conviction should be recorded given our clients prior good character, his need for a licence, his completion of the Traffic Offenders Program as well as the evidence that he had since complied with his suspension period.

The Magistrate considered all of the material and submissions and ultimately agreed. Our client was released without conviction on the condition that he agree to be of good behaviour.

Because there was no conviction imposed, there was no fine and our client was able to avoid the automatic 12 month disqualification period that is imposed upon conviction for this offence. He was also able to avoid the stigma of a criminal record.

Photo by Leo Cardelli