Our client, Brian, a dedicated single father, faced significant legal challenges related to his driving status. Previously disqualified from driving due to traffic offenses, Brian found himself in a complex situation involving misinformation and legal repercussions. As a result, he came to our firm for legal representation for criminal charges for traffic offences.
Incident and Traffic Charges for traffic offences:
Matter type: Hearing / Sentence / Section 14 Application / Trial / ADVO / APVO / Other
Exact charge: Drive while license cancelled: prior offence.
Brian, once disqualified for driving an electric scooter, completed his suspension period in 2023. Our client was very eager to resume his responsibilities, especially transporting his son who suffers from muscular dystrophy. Therefore, he contacted Service NSW for guidance.
Misadvised by the agency, he was told no new license application was necessary. Relying on this advice, Brian resumed driving. However, later that year he was stopped by police. Then, they charged Brian with driving while his license was cancelled. This was a prior offense due to misinformation.
Criminal charges for traffic offences.
To address the charges, Brian sought our legal assistance. We prepared an affidavit detailing the misinformation from Service NSW and his critical need to drive for his son’s care. Our objective was to obtain a non-conviction to preserve his driving ability, crucial for his son’s daily care.
What happened in court?
The case was presented in court, where we submitted an affidavit. We emphasized Brian’s immediate action to rectify the license issue on the day he was charged. This demonstrated his compliance and responsibility.
Criminal charges for traffic offences
The magistrate acknowledged the plausible scenario of receiving incorrect advice from Service NSW. The court found the affidavit compelling. They considered Brian’s proactive measures to secure a proper license immediately after being informed of the mistake.
Consequently, Brian was placed on a Conditional Release Order (CRO) for 18 months without a conviction. This allowed him to continue driving and caring for his son.
This case underscores the importance of accurate guidance from official channels and the impact of legal representation in resolving complex situations. Brian’s story highlights the challenges single parents face when bureaucratic errors occur. Additionally, it signifies crucial role of legal advocacy in navigating these challenges to safeguard essential family responsibilities.
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