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Traffic offence case study: drug driving and drive whilst license suspended

In this case study, our client was charged with the following traffic offences:


Drive whilst license suspended

Exceed prescribed concentration of drug at the time of driving (s. 49(1)(bb)

Exceed prescribed concentration of drug whilst driving (oral test) (s. 49(1(h)

Proceed through 'no entry sign'


Our client instructed our office to enter a plea of guilty.


Court


Moorabbin Magistrates' Court


Brief summary of facts


In November 2021, our client's license was suspended on account of speeding infringement and 2 prior infringements for drug driving.


At the time of the offence, our client was intercepted by police during work hours. He admitted to police his knowledge of the suspension.


He had a very limited criminal and traffic history, but obviously, his prior drug driving infringements were relevant. Our client had no previous offences of driving suspended/disqualified/unlicensed.


Penalties for Drive whilst license suspended and drug driving


The maximum penalty for Drive whilst license suspended is 240 penalty units or imprisonment for 2 years.


The maximum penalty for Exceed prescribed concentration of drugs whilst driving (under either s. 49(1)(bb) or s. 49(1)(h) is 12 penalty units for a first offence, and 60 penalty units for a second offence.


Disqualification periods


Under section 50 of the Road Safety Act, the minimum penalty for a subsequent offence of Exceed the prescribed concentration of drug whilst driving is 12 months (6 months for a first offence).


License suspension for an offence of Drive whilst suspended/disqualified is discretionary under section 28 of the Road Safety Act 1986 (Vic).


How the case proceeded in Court


Our client pleaded guilty, and submissions were directed at mitigating the penalty and confining the license disqualification period to the statutory minimum of 12 months.


The Outcome


The presiding Magistrate accepted that our client had a limited traffic history relative to his age, and was persuaded that it was appropriate in all the circumstances not to record a conviction, and he received an aggregate fine of $500 (for all offences) and kept the license disqualification to a period of 12 months (the statutory minimum).


Require advice or representation for a traffic offence at Court?


If you are intending to secure representation for an upcoming court case we can help. Pascoe Criminal Law is a specialist criminal defence firm and has been recognised by Doyle's Guide 2020 and 2021 as a recommended law firm in both criminal and traffic law categories. The Director of Pascoe Criminal Law, Shaun Pascoe is an accredited criminal law specialist (Law Institute of Victoria) and has more than 19 years of experience as a defence lawyer. Call us on 9668 7600 or book an appointment online. To better understand your situation we offer an initial free case assessment.



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