Our client is a 25-year-old man who was the holder of an unrestricted Class C (driver’s) licence and a P1 Class R (rider’s) licence. Our client was pulled over by a police officer whilst riding his motorcycle with his girlfriend as a passenger. The police officer then issued our client with two separate fines. The first fine was for ‘driving a motorcycle with a capacity greater than 660ml or 150kw/’ which is the limit for a P1 licence holder. This fine carried a $644 fine and 7 demerit points. The second fine was for ‘having a pillion passenger’ while he was restricted from doing so as a P1 licence holder. This fine carried a $387 and 3 demerit points. The total demerit points that were attached to the two fines was 10 demerit points. The client had previously lost 3 demerit points for other unrelated traffic offences. This meant that if he paid each of the fines that had been issued to him by the police officer, he would incur an additional 10 demerit points, exceed his demerit point limit and lose both his driver’s and rider’s licence.
The client needed his driver’s licence since driving was an essential component of his employment as a medical sales representative. The client contacted Jameson Law asking for advice on how best to keep his licence. Nora Sayed of our office conducted a detailed consultation with the client and thoroughly examined the circumstances of the offence and the subjective features of the client. After considering all the circumstances, Ms Sayed advised the client to elect the fines to be dealt with in Court and to request leniency from the Court on sentencing. Extensive preparation was undertaken by Ms Sayed to prepare the Defence subjective bundle and sentencing submissions. After considering the material before the Court and the submissions by Ms Sayed, the Magistrate dismissed all the fines pursuant to section 10(1)(a) of the Crimes Sentencing Procedure Act 1999. As a result, our client did not lose any of the 12 demerit points and continue to retain the full use of his Class R and Class C licence and was able to continue both riding and driving. Our criminal lawyers at Jameson Law helped the client retain his ability to drive, his employment and the benefit of those additional 10 demerit points. Another result that showcases that securing the best possible outcome for every client is our priority at Jameson Law.
