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Multiple breaches of Driving Whilst Suspended
Our client is a young international student on a visa who came to us with a poor driving record, having committed multiple infringements including, driving whilst using a mobile phone, speeding on multiple occasions especially under double demerit points, and disobeying road rules and traffic signs. He was also driving with an international driver’s licence from Bangladesh.
Our client was previously suspended however, he was not aware of this. He was pulled over by the police and informed of his suspension and was required to attend court. He received a $600 fine and a 3-month suspension.
Thereafter, our client was being transported to various locations by his partner when on one occasion, the clutch of the vehicle that was being driven by his partner began to malfunction. In a letter to the magistrate from his partner, it is revealed that she insisted our client to continue driving in her place to a nearby mechanic, as opposed to seeking other assistance due to financial difficulty. They had only been driving for a few minutes before they were pulled over.
He pleaded guilty to the offence of driving whilst his driving privileges were withdrawn. For a second or subsequent offence, the maximum penalty is a fine of $5,500 and/or 2 years imprisonment. A mandatory licence disqualification of 2 years is also given to a second or subsequent offence.
Our Submissions and the Court
The aim of our team was to reduce this penalty as much as possible in the given circumstances. Various submissions and statements were presented to the Magistrate at Parramatta Local Court detailing his significant contribution to the wider community by way of volunteer work and support work for people with disabilities, his employment as a courier driver, his status as a student on a visa not entitled to social security payments or other financial dependencies, an apology letter, and the completion of a traffic offenders rehabilitation program upon our advice. The necessity of his licence for study commitments and his ability to gain and retain employment and remain in Australia were also emphasised to the court.
The Outcome – Reduced disqualification period
The Magistrate concluded that our client was to immediately apply for a NSW driver licence upon serving his suspension. He was ordered with a 12-month conditional release order instead of imprisonment, and a 9-month disqualification period which was reduced from the maximum disqualification period of 12-months. This was a success considering his appalling driving record.
