Penalty Received

In respect to the two counts of driving whilst disqualified and four counts of breaching bail, the Magistrate convicted our client of the offences and imposed a $200.00 bond to be of good behaviour for 18 months. The trespass matter was withdrawn, and our client avoided a term of imprisonment.

Circumstances

Drive Disqualified

Emily Cousins had a client charged with driving disqualified.

Unfortunately, at the time of committing the offence, Emily’s client was on a simple bond for having committed an assault offence approximately six months earlier.

This meant that the plea of guilty to driving disqualified breached his bond for the assault matter.

To make matters more complicated, Emily’s client also had some previous convictions for driving disqualified.

When attending at the Adelaide Magistrates’ Court, Emily managed to speak with prosecutor who agreed that even though this was a subsequent driving disqualified offence which also breached a bond, that the prosecutor would not oppose a suspended sentence in the circumstances.

Due to some practical thinking and dealing with the matter at the right time, in light of the prosecutor’s attitude and a magistrate sympathetic to our client’s personal circumstances which included the loss of a business and hence his income due to the charges, Emily’s client received a 14 day suspended sentence.

The magistrate also agreed with Emily’s submissions that no further action should be taken in relation to the breach of bond.

This was an excellent result due to the nature of the charge and our client’s prior offending history.

find out more about Emily Cousins

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