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      Not Guilty of Dangerous Driving On Appeal

      Our client was an elderly truck driver who had been charged with Dangerous Driving.

      Another law firm appeared in the Local Court where our client was convicted and given a 12 month driver licence disqualification. He was mortified by this as he would have been unable to continue working.

      He came to us desperate.

      We immediately got to work by filing an appeal and applying for a ‘stay’ of the disqualification. This meant that our client was allowed to keep driving as long his appeal was ongoing.

      We obtained the brief of evidence and transcript of the proceedings at Goulburn Local Court. The brief showed that the majority of the incident was captured on CCTV footage and related to our client reversing his truck up a highway because he had missed an exit.

      We identified a number of issues with the way the matter had been run including failure to cross-examine witnesses correctly, failure to object to inadmissible evidence and – most significantly – a failure to raise the defence of ‘honest and reasonable mistake’.

      On the appeal at Goulburn District Court we prepared detailed written submissions arguing that the driving of our client was not dangerous and, in the alternative, he held an honest and reasonable belief that his driving was not dangerous.

      Ultimately, the presiding Judge agreed with our arguments and allowed the appeal, meaning our client was found ‘not guilty’ and had his conviction overturned.

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