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Case Study: Conviction overturned and no time off the road

Recently a very distressed client found himself in a mess due to an accumulation of traffic offences. He was caught Driving whilst Unlicenced and was convicted in his absence,...

Janelle Tarabay

Recently a very distressed client found himself in a mess due to an accumulation of traffic offences. He was caught Driving whilst Unlicenced and was convicted in his absence, fined $3,000 and was disqualified from driving for 3 years.

Being unaware of his conviction, he was then charged with Driving while Disqualified, and therefore faced a further 2 years off the road.

He attempted to overturn the Drive whilst Unlicenced conviction himself in the Local Court, however he was unsuccessful. He then called Streeton Lawyers to seek advice as to his options.

Zoe Whetham, criminal and traffic lawyer at Streeton Lawyers, conferenced and advised our client. A strategy to deal with all matters was developed.

First, an annulment appeal was lodged to the Penrith District Court where Ms Whetham was able to successfully overturn the original decision of the Local Court, meaning that our client was no longer fined $3,000 and disqualified for 3 years. Instead, his matter would go back before the Local Court and he would be re-sentenced.

As a result of the first annulment and through negotiations, Ms Whetham was then able to get our clients Driving while Disqualified charge withdrawn, meaning he was no longer facing a further 2 years off the road.

Following the District Court annulment appeal, our client’s Drive whilst Unlicenced matter was remitted back to the Local Court. There, Ms Whetham tendered material and made oral submissions as to why our client should avoid a conviction, despite the fact that this was his 7th Drive whilst Unlicenced offence.

The Magistrate considered all of the material and submissions and ultimately agreed. Accordingly, our client was placed on a bond to be of good behaviour for a period of 12 months, without conviction.

Although our client was originally facing 5 years disqualification and a large fine, he was not convicted of either offence and therefore he was able to avoid being disqualified altogether and was not required to pay a fine.

If you have recently committed a traffic offence, contact one of our lawyers for advice on how to achieve the best outcome for your case.

Photo by Callum Hilton