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  • Writer's pictureShaun Pascoe

Successful Mitigation of Penalties: A Case Study on Traffic Offences

Updated: Jan 25

In this case study, we examine a recent legal matter in which our client faced multiple traffic offences, including driving with a suspended license, exceeding the prescribed concentration of drugs while driving, and proceeding through a 'no entry sign.'


The client opted to plead guilty to these charges, and our legal team at Pascoe Criminal Law was engaged to represent him in the Moorabbin Magistrates' Court.


Table of Contents


 

Background


In November 2021, the client's license was suspended due to a speeding infringement and two prior instances of drug driving. Despite being aware of the suspension, the client was intercepted by the police during work hours.


While the client had a limited criminal and traffic history, the relevance of the prior drug driving infringements was undeniable. Notably, the client had no prior offences related to driving while suspended, disqualified, or unlicensed.


Legal Context


The offences carried significant penalties, including a maximum penalty of 240 penalty units or imprisonment for two years for driving while the license is suspended. Exceeding the prescribed concentration of drugs while driving could result in penalties of up to 12 penalty units for a first offence and 60 penalty units for a second offence.


Additionally, under section 50 of the Road Safety Act, a subsequent offence of exceeding the prescribed concentration of drugs while driving carried a minimum disqualification period of 12 months.


Court Proceedings


The client pleaded guilty, and our legal team focused on mitigating the penalties. Submissions were made to confine the license disqualification period to the statutory minimum of 12 months. Despite the client's limited traffic history, the prior drug driving infringements were acknowledged during the court proceedings.


Outcome


The presiding Magistrate took into consideration the client's age and limited traffic history. In light of the circumstances, the Magistrate decided not to record a conviction. Instead, our client received an aggregate fine of $500 for all offences and a license disqualification period of 12 months, the statutory minimum.


Conclusion


The successful outcome of this case underscores the importance of effective legal representation in mitigating penalties for traffic offences. Our client benefited from the expertise of Pascoe Criminal Law, leading to a favourable resolution that avoided a recorded conviction and minimised the impact on his driving privileges.


Legal Representation


If you find yourself facing traffic offences and require expert legal advice or representation in court, Pascoe Criminal Law is here to help. Recognised by Doyle's Guide 2020 and 2021 as a recommended law firm in both criminal and traffic law categories, our Director, Shaun Pascoe, brings over 19 years of experience as an accredited criminal law specialist.


Contact us for an initial free case assessment to better understand your situation and explore your legal options.

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