Our Result - Case Study - Suspended Sentence for Ninth Drive Disqualified Charge written by Casey Isaacs
Driving whilst disqualified.
Our client had been charged with driving whilst her licence was disqualified and also driving without a licence.
Whilst she had not had a previous drive disqualified offence within the previous two years, prior to that time she had had eight drive disqualified offences.
Driving whist disqualified is a matter that is always in the spotlight and courts routinely impose a custodial sentence even for in the circumstances of first time offenders.
However, when discussing the matter with the client it became evident that her driving was as a result of a medical emergency whereby her husband was in hospital and in of significantly ill health.
At the time of submissions, we were able to convince the court that the driving was non-contumacious. Further, due to her personal circumstances, the court ordered that the community would be best served by her receiving a suspended sentence. Ultimately, our client was ordered to enter into a good behaviour bond to be resentenced should she breach that bond.
This allowed her to maintain her employment and to be able to care for her young child and most importantly avoid a custodial term.
DISCLAIMER: This is a real case study of an actual case from Caldicott Lawyers. Details of the client have been changed to protect their privacy. The penalty imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible penalties in South Australian Courts. Caldicott Lawyers do not guarantee a similar case on these charges will get the same result. Please note that Caldicott Lawyers post results at our discretion, therefore while many case studies are good results, others are notable for their exceptional results.