The Court: Frankston Magistrates Court
The Lawyer: Alex Miglietti
The Charges:
The Allegations:
The client was at a traffic light. The client accelerated and turned right as the light went green, losing traction. This caused the wheels to emit smoke and the back of his ute to swing back and forth, albeit mildly. He was seen at a distance by police, who charged him with Dangerous Driving, Careless Driving, and Improper Use of a Motor Vehicle.
The client was an apprentice plumber in his third year who needed his licence for work. However, he was on a 12-month bond notice with VicRoads when he committed the offence. The conditions of the bond notice were that if he committed any offence that could attract demerit points during the 12-month period, he would lose his driver’s licence for six months.
At Court:
There were a number of challenges with this case. The police summary was fairly severe in the sense that the case for Dangerous Driving was clearly made out. Dangerous Driving carries a mandatory minimum period of six months’ licence suspension and a maximum penalty of two years’ imprisonment. Careless Driving carries a discretionary loss of licence and three demerit points. Three points lost during the 12-month period of the client’s Vicroads bond notice would see him suspended for a further six months.
So in total, the client was looking at being suspended from driving by the courts for six months on a Dangerous Driving charge or six months on the Careless Driving charge that breached the VicRoads bond. Also, on a plea of guilty to Careless Driving, the court had the power to suspend the client’s driver’s licence, which would run cumulatively (in addition to) any suspension imposed by VicRoads. This happens because VicRoads and the courts work independently. Any suspension imposed by the courts will always be in addition to any suspension imposed by VicRoads.
After extensive negotiations with the prosecution, the police were prepared to accept a guilty plea to the Improper Use of a Motor Vehicle charge. This charge does not attract any demerit points, which was vital to avoid activating the six-month suspension with VicRoads.
The Outcome:
When the matter came to court, the client received a one-month suspension and a $500 fine. It could have been a larger fine and six to nine months off the road, so it was a great result. It meant he could keep his job and complete his apprenticeship.
This case highlights the technical nature of the interaction between the Road Safety Act, the courts and VicRoads. It demonstrates that if you have driving matters at court, you should engage a lawyer with intricate knowledge of all three.
