Section 10 for Drive While Suspended & Mid-Range PCA | Astor Legal

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      Section 10 for Drive While Suspended & Mid-Range PCA

      Astor Legal recently represented a client at the Sydney District Court in a Severity Appeal for mid-range PCA and driving whilst suspended.

      Our client had another Sydney law firm appear for him in the Local Court and was unhappy with the representation and result he received there. He came to us seeking a clear plan for how we intended to overturn the convictions.

      Our team meticulously prepared for the case. This involved amending the subjective material he had prepared in the Local Court so it could better address the relevant sentencing factors under the Crimes (Sentencing Procedure) Act 1999. Rather than character references and an apology letter, we obtained affidavits so that the evidence was sworn and carried more weight.

      We also obtained letters from the client’s doctor setting out medical conditions which meant he had a greater need for his drivers licence than the ordinary person, as well as his employment contract which addressed his need for a licence.

      The prosecutor strongly opposed the matter being dealt with by way of a non-conviction, citing the multiple offences and our client’s less than exemplary traffic record. Despite this, our Sydney drink driving lawyers were able to argue that our client’s strong need for a licence, completion of the traffic offenders program and personal circumstances outweighed the need for a conviction to be imposed.

      In the result, the Judge was persuaded to impose no conviction, allowing our client to walk away with a clean criminal record.

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