What Happens if I get Caught Driving Whilst Suspended?

What factors are taken into account when determining sentencing?

When determining sentencing, the court will consider the following;

1. Whether this is a first offence;
2. Whether the individual has a prior criminal record?;
3. If there is a prior criminal record, what prior consequences/penalties have been made?;
4. Whether the individual has a current licence or a cancelled licence?; and
5. What the personal circumstances are surrounding the criminal charge.

The court will take into account any and all relevant factors that the defence lawyer and prosecution point to however the weight attributed to each factor will be different. Each lawyer will argue for and against the weight to be attributed to each factor.

What Is a criminal defence?

A criminal defence is a series of arguments, reasons or explanations for committing an action. When a criminal act is committed, the defendant will use the reason for that action as their criminal defence (i.e. it was a family emergency, I was under the influence of drugs, etc). Criminal defences are not always appropriate, plausible or accepted as a legitimate reason for committing the act, but there is usually always one provided.

Your criminal defence lawyers will be able to advise whether a defence is likely to be successful or cause more damage. The court can find unfavorably if they deem your defence to be far fetched or disrespectful. It is important to always listen to the advice given by your lawyer for your best chance at success.

What is an honest and reasonable mistake defence?

An honest and reasonable mistake defence is a reason for committing an act which to a lay person would be considered an honest and/or reasonable explanation. This defence is difficult to appropriately use as there are rarely reasonable excuses for criminal acts.

An example of an honest or reasonable mistake may be that an individual was unaware of how much alcohol was in their system, or that they had been drugged while out consuming alcohol. They may be unaware that their licence has been suspended due to unpaid parking fines or other debts or they may have had an unavoidable emergency to attend to.

What is the difference between the courts?

The district court (also known as the local court and/or the magistrates court) is the lower court and is where the summary offence matters are heard. In contrast, the Supreme court is where indictable offences are heard.

This is the main difference between the two courts however it is not the only difference. Hearings heard in the district court are subject to determination by only the judge however hearings/trials heard in the supreme court are subject jury determination. The jury is a selected group of 12 individuals from a random pool of eligible jurors.

Jurors are required to disclose any and all conflicts and must have no prior knowledge of the matter before it is heard. This would result in a mistrial.

What do i need to know about attending court?

When attending court for any legal matter, you must be respectful to the court at all times. For first time offenders, this advice is perhaps most critical as it has the ability to change the course of your future. First time offenders are making their initial impression on the court and first impressions are crucial.

If you know your plea early in the process, it is a good idea to enter your plea as early as possible. This will save considerable time and resources for the court which is overall helpful to your case. If you ate intending on pleading guilty then it will be appreciated that you do so at the first chance and do not drag the process out.

Can i be acquitted?

If you are innocent, then you can be acquitted of your charges following a trial. It is the responsibility of the prosecution to prove that you have committed the charges you are accused of. It is the responsibility of the defence to create reasonable doubt as to your guilt.

At your court hearing or trial, the prosecution will produce evidence which suggests you are guilty of your crime and your defence lawyer will dispute that evidence and provide contrary evidence that suggests you are innocent.

If your lawyer is able to create reasonable doubt then you are likely to be acquitted of your charges because the jury will be unable to find you guilty.

What is the maximum penalty i could receive?

When committing any crime under criminal law, the maximum penalty you can receive is a term of imprisonment, with the most severe being life imprisonment. A term of imprisonment will usually be imposed based on two factors; community deterrence and punitive.

The core aim of penalties being imposed is to deter members of the community from committing similar crimes for fear they will suffer the same consequences. It acts as a general deterrence. However, the other aspect of punishments is to punish the individual for committing the crime and offer justice to the victims. Under criminal law, there are rarely victimless crimes.

With traffic offences, the victims can be either specific individuals, groups of individuals or the general community. Any offence committed whilst driving a motor vehicle endangers every other person who is using the road.

Other main penalties that may be received are the following;

1. Suspended sentence;
2. Hefty fines;
3. Good behaviour bond;
4. Immediate suspension of driver’s licence (demerit point suspension);

The court can impose any penalty they see fit however legislation exists to point towards minimum and maximum penalties that can and should be imposed in different circumstances.