Suspended Licence Situation
The client was caught driving with a suspended licence in a city in New South Wales after being stopped by highway patrol. The initial suspension was a result of overspeeding. The client drove due to an urgent situation involving their partner, who required immediate medical attention. While there were no witnesses, the client has a medical report as evidence. The client is self-employed and needs a valid driving licence for essential work activities, with a court date scheduled for 2025.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties for driving with a suspended licence in New South Wales?
Driving while your licence is suspended is a serious offence in New South Wales and can lead to significant penalties. Possible consequences include fines, extended suspension periods, and potentially imprisonment depending on the specifics and prior offences. Fines can reach up to $3,300 and a maximum prison sentence of 18 months may apply for first-time offenders, with tougher penalties for repeat offenders. Submitting an emergency medical report may affect the penalty severity. Legal advice is advisable for tailored support in presenting your case.
How can I present the emergency situation as a mitigating factor in my case?
To present the emergency as a mitigating factor, emphasize the immediate health emergency involving your partner, supported by the medical report. Explain your concern for their wellbeing and your necessity to drive due to a lack of alternative transport. It’s also beneficial to mention a clean driving record and highlight the impact on your self-employment if penalties are imposed. Showing remorse and a commitment to lawful behavior in the future may positively influence the court's decision.
What are my chances of getting the charge reduced or dismissed?
The chances of reducing or dismissing the charge will depend on factors like presenting a credible emergency and having a medical report as evidence. The court will evaluate the urgency of your actions against the risks of driving with a suspended licence. A clean driving history and the critical need for your licence for work may also play a role. Retaining a solicitor could enhance the chances of a favorable outcome.
How long does the court process usually take for a driving offence like this?
The duration of the court process for driving with a suspended licence can vary but usually takes several months from the initial hearing to the final decision. In this case, with a set court date in 2025, multiple court appearances may be required. Factors like the court's schedule and the necessity for additional evidence will influence the timeline, which could typically conclude within 3 to 12 months depending on the complexity of the case.
Is it possible to apply for a work licence or similar permit during the suspension period?
In New South Wales, it’s possible to apply for a restricted work licence if your driver’s licence is suspended. This licence typically allows driving solely for work purposes, but you must demonstrate that the suspension causes extreme hardship and exhausting other options was necessary. The application requires a court appearance where evidence of self-employment and necessity must be presented.
What if I provide the traffic offender intervention program certificate and character reference letter?
Presenting a Traffic Offender Intervention Program certificate and a character reference letter could positively influence your case. These documents showcase your commitment to rehabilitation and good character, which can mitigate sentencing severity. The court values steps to rectify behavior and positive testimonials regarding your character, especially if your employment relies on having a valid driving licence.
What about the character reference letter from my employer?
A character reference letter from your employer can significantly impact your case by showcasing your work ethic and responsibilities. The letter should underscore your reliability and the necessity of holding a driving licence for work purposes. For self-employed individuals, demonstrating how a licence suspension affects professional duties can persuade the court. Ensure the reference is official and includes specific examples of your positive traits.
