Successful Outcome for Driving Whilst Suspended
Our solicitor, Stephanie McClelland, represented a 20-year-old male at Fairfield Local Court on 21 June 2021, in relation to the following charge:
- Drive Motor Vehicle Whilst Disqualified- Second or Subsequent Offence pursuant to section 54 (1)(a) of the Roads Transport Act 2013.
Our client was driving whilst disqualified at the time he was stopped by NSW Police. However, he was not aware at the time that he was disqualified. He had been in hospital for a period of time due to illness and was receiving treatment.
Submissions and Sentencing
On sentence, our Stephanie McClelland gave persuasive submissions regarding our client’s otherwise good character and his early guilty plea, our client’s personal circumstances including that he was suffering from serious illness and was undergoing treatment, and his relatively young age including that he was still on a provisional licence and that he had only been driving for 18 months.
Favourable Outcome
The Magistrate imposed a 6-month disqualification period pursuant to section 10A of the Crimes (Sentencing Procedure) Act 1999, with no fines imposed. This was a favourable outcome for our client, as imprisonment would have likely been an alternative outcome in the matter.
This case illustrates the importance of experience and excellent representation. Stephanie ensured his case was prepared and presented in a way that ensured the Court considered all relevant circumstances in favour of our client on sentence.
NSW references and practical help
- Road Transport Act 2013, s 54 – driving while disqualified/suspended/cancelled.
- Disqualification periods – court powers and minimums (Road Transport Act).
- Fairfield Local Court – registry & appearance info.
- Licence suspension & disqualification guide (NSW Government).
- Preparing references: LawAccess NSW.
Need advice on a driving while disqualified charge? Speak with our Sydney traffic lawyers or call (02) 8806 0866 for help.
