Driving a Motor Vehicle Without a Driver Licence (Demerit Point Suspended) | Transport Operations (Road Use Management) Act 1995 Section 78(1)(b)&(3)(b)
Holland Park Magistrates Court
Overview of Case:
Our client was charged with driving without a driver licence whilst being suspended due to loss of demerit points. The maximum penalty for this offence is ordinarily 40 penalty units or 1 year’s imprisonment or 60 penalty units or 18 months imprisonment if you have committed the offence while disqualified, by any court order. Further, in addition to the penalty he faced, our client was facing a 6 month automatic disqualification due to the offence. Our client was previously placed on a one point ‘good behaviour’ option through the Queensland Department of Transport. Following this, he lost two additional points off his licence and instructed us that he never received a notification in the mail advising him of same. Months passed by and our client was under the impression that he still had his licence and the one point afforded to him by the Department of Queensland Transport. He was later pulled over by Police and charged with Unlicenced driving.
We represented him in court and successfully negotiated his matter with Police Prosecutions. The result of these negotiations had Prosecutions remove the circumstance of aggravation on his charge (surrounding driving without a licence due to demerit points) and instead simply charged him for driving unlicenced. As a result, the Magistrate was able to reduce his disqualification from 6 months to only 3 months with a small fine. Our client was very happy with the result.
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