The Court: Frankston Magistrates Court
The Lawyer: Alex Miglietti
The Charges:
The Allegations:
The client was an aged care worker who was required to drive as part of her job. She was very committed to her job but had been banned from driving in Victoria for three months following a demerit point suspension through Vicroads.
She made alternative travel arrangements to commute to and from work whenever possible. One morning, while on her commute to work, the client was intercepted by police and caught driving on a suspended driver’s license. Initially, she told police that she was unaware she was suspended. However, later, she advised the police that she was aware of the suspension but was desperate to keep her job, which required her to drive to different locations daily to care for her elderly clients.
At Court:
We obtained extensive references from the client regarding her employment and sought instructions regarding her knowledge of the suspension.
Our solicitor notified the court that the client was aware of the suspension and had made alternative travel arrangements, including public transport and Uber, to and from work daily. However, these options were unavailable on the day of the offence due to the time she was supposed to commence work that morning. It was further submitted that she initially told police that she was unaware of the licence suspension because she was relatively concerned about having a conviction against her name, which may, in turn, affect her employment.
Our solicitor also submitted that the client drove out of desperation to keep her job as she was the sole income earner in her household and feared she would be terminated if she missed any further shifts.
The Outcome:
Following submissions to the court, the client received a fine without conviction, and the Magistrate imposed a one-month licence suspension to commence from the court date.
This was an excellent outcome for the client, as the conviction was automatically and immediately spent.
