Criminal Matter
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CASE 2 -
CRIMINAL MATTER
KUSCHERT LAW GROUP
Criminal
We took instructions from a client charged with driving whilst disqualified, first offence. Driving whilst disqualified is not only an offence that is reflected on an individual’s driving record, but also a criminal offence. The client was facing a fine of up to $3,300, a 6-month automatic disqualification period, and
The client was distressed given he needed his vehicle to get to and from work and had several ongoing financial commitments to maintain, both for himself and on behalf of his family. The client had a poor driving record, with six prior disqualifications, and a criminal record with multiple offences, some recent.
After having obtained our client’s driving record and taken instructions as to the communication from Service NSW in respect of the offence, we identified that our client had not been properly informed with respect to his prior offence (resulting in the initial disqualification), and his driving record did not reflect the initial disqualification period appropriately.
When attending Court, rather than entering a plea of guilty and potentially having our client subject to the above penalties, we made submissions concerning our client’s driving record not being appropriately updated, and the lack of communication from Service NSW. In doing so, we sought orders that the charge be dismissed. Those orders were granted and our client had his license reinstated that day.
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