The Court: Ringwood Magistrates Court
The Lawyer: Michelle Pavlica
The Charges:
- Evade Police
- Careless Driving
- Loss of Traction
The Allegations:
The client received a summons to go to court regarding the above charges. The client had initially seen another lawyer who was unsure how best to approach the case, and he eventually told the client that he could not assist.
The client was going overseas and would not have been available to attend the court date, so he attempted to adjourn the matter over the phone. Unfortunately, he was unsuccessful, and the matter was heard ex parte. An ex parte hearing is when a client’s matter proceeds in the client’s absence, and a Magistrate imposes a sentence despite the client not being there. This often occurs when a defendant has little prior history and is likely to receive a fine.
The matter proceeded as an ex parte hearing, and the Magistrate dealt with the matter despite the client’s absence. The client was notified by mail that he was suspended from driving for four months and had to pay a considerable fine. The client was not happy with the outcome. It was strange in any case, because under section 64A of the Road Safety Act, an offence of Evade Police carries a mandatory minimum period of six months off the road, not four.
At Court:
The client wanted a rehearing to challenge the Evading Police charge. He attended our office and provided instructions to make an application for a rehearing. The first challenge was to make the application. The client was in a good position because he attended our office within 14 days of being notified of the court outcome.
After discussing the matter with the prosecution, they indicated they would not oppose the application for a rehearing. The application was then fairly straightforward. Once the rehearing date was set, our solicitor successfully applied for the client to be able to drive in the interim period.
Finally, the charges needed to be negotiated. The prosecution’s case for an Evade Police charge was relatively weak. They had based the charge on the client’s admission that he drove quickly but within the speed limit away from police because he did not want to be pulled over. The police conceded there were no sirens or other indicators that they intended to pull the client over.
Our solicitor negotiated with prosecutors during summary case conferences to have the Evade Police and Careless Driving charges withdrawn in exchange for a guilty plea to the Loss of Traction charge. The prosecutors accepted this offer, and the matter was ready to proceed with a guilty plea.
The Outcome:
Under the Road Safety Act, the Loss of Traction charge carries a fine, no demerit points and no mandatory minimum time off the road. On a plea of guilty, the client received a moderate fine and no time off the road. This was an excellent outcome as the client needed his licence for work.
