Section 10 for Drive While Suspended & Use Mobile Phone

Astor Legal recently represented a client at Downing Centre Local Court for charges of drive while suspended and using a mobile phone while driving.

Our client was a 29-year-old man who worked as a ground engineering specialist. 

On the day of the incident, he was pulled over by Police for using his mobile phone. Consequently, the Police ran his driver’s licence and discovered that his licence was suspended. This came as a shock to our client as he had not recevied any documentation confirming he was suspended.

Our client came to us worried about the impact a loss of licence would have on him as well as the impact of a criminal conviction. 

Despite there being two offences against him, after speaking to our client, we understood his circumstances and began preparing for his case. In particular, we focused on the fact that he had recently moved addresses and as such, did not receive the notice of suspension.

First, we provided him with our character reference and apology letter guide so that he could obtain references from his family and employer. We made sure these addressed the impact of a loss of licence on him, as well as his need to travel to remote and regional work locations.

We also provided him with a link to a Traffic Offender’s Program to complete. Once our client’s documents were reviewed and finalised, we started preparing our submissions for the Court. 

We appeared at Downing Centre Local Court for and with him. We tendered the prepared documents and advocated on our client’s behalf, outlining his genuine remorse, steps taken to rehabilitation, and his need for a licence. Despite the fact that our client had two charges, we were able to persuade the presiding Magistrate not to record a conviction against our client for either charge. This meant he did not face any further suspension.

Our client was delighted with the outcome.