Driving Whilst Disqualified

Charges: Driving Whilst Disqualified; Driving Without Headlights Operating; Using a Mobile Phone Whilst Driving; No P-plates Displayed. Frankston Magistrates’ Court.

Facts: The client was driving her car from a friend’s place just after sunset. A police officer saw the client touching her phone and pulled her over. It was then discovered that she did not have a driver’s licence.

Results: The prosecutors were prepared to withdraw the P-plate charge on the basis that you cannot breach a licence permit if your licence is disqualified. This saved the client 3 demerit points.

The client was very young and needed her licence for work. She had been offered a position with a new company but this was conditional on her having a driver’s licence. We provided the Court with the letter of offer from the new company and other relevant documentation.

The Magistrate was persuaded. He gave the client a good behaviour bond and opted to exercise his discretion in favour of the client by not taking her driver’s licence. This was a great outcome as Magistrates will sometimes further suspend a person’s driver’s licence for  3-6 months.