Drive Disqualified – No Order Against Licence

This is a case study on a charge of Drive Disqualified resulting in a  fine with no order against licence.

Our client was caught by the police driving a work ute while his licence was still suspended due to a previous drink driving charge. This happened when our client, an owner of a construction business, decided to drive a work ute back to a secured area after an employee left due to a family emergency. The work ute holds numerous expensive tools and so had to be stored somewhere safe. The police caught him and also reported seeing him use a mobile phone whilst driving.

He was charged with:

  • Drive Disqualified
  • Use of Hand-held Mobile Phones Whilst Driving

Kristina Kothrakis acted on his behalf at the Melbourne Magistrates’ Court.

It was crucial for our client not have a further licence suspension. His business was already suffering significantly due to his loss of licence as he was unable to perform normal business roles. We had to establish before the court that the offending was a one-off incident. We gathered references from the employees confirming that our client has not been using a vehicle at work. Letters from the business accountant also confirmed that the business was indeed going through financial hardships.

The court was convinced that a further licence suspension was unnecessary. Our client received a modest fine for the charge of Drive Disqualified but no order was made against his licence.

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