Offence: Driving whilst disqualified by a court order
Court: Brisbane Magistrates Court
Solicitor: Colleen Battersby
Date: June 2022
Our client came to the attention of police on 16 April 2022 when they were performing patrols and observed his vehicle turn into a service station. Upon the police approaching our client’s vehicle and conducting a search on his licence status, it was revealed that he was disqualified from driving until 18 April 2022. Our client indicated he was aware of his disqualification and failed to provide an emergent reason for operating his vehicle. As a result of this charge, our client was facing a mandatory driver license disqualification of 2 years.
Our client sought our advice prior to the first mention of his matter. At that time, we provided him with information surrounding the nature of the charge and the court process. We further advised him of steps he can take to prepare for his sentence, such as completing the QTOP program, obtaining character references and documents to evidence the volunteer work he has completed.
Unfortunately, due to the nature of our client’s charge, he was not eligible for a work licence.
At the sentence, Ms Colleen Battersby made submissions on our client’s behalf and highlighted relevant mitigating factors such as:
- the particular circumstances surrounding the commission of the offence, including the fact that he was just 2 days shy of completing his previous disqualification period;
- the consequences of our client not having a driver licence;
- his exceptional education, employment and volunteer history;
- his genuine remorse as evidenced through his completion of the QTOP program; and
- his acceptance of responsibility for the offending.
Ultimately, the Court accepted Ms Battersby’s submissions, and we secured the mandatory minimum disqualification period of 2 years and a $500.00 fine. In circumstances where the penalties imposed for an offence of disqualified driving are very severe and can include a period of imprisonment, our client was very relieved with this outcome.
This is a summary of an actual case. Details have been omitted to protect the privacy of our client. We select cases which are informative and no guarantee is provided that similar results are achievable in all cases. Every case is different and you should obtain legal advice specific to your matter and circumstances.