Author: Nyman Gibson Miralis
Downing Centre Local Court, Sydney
Represented by Solicitor: Nyman Gibson Miralis
The client was suspended by police for speeding over 45km/h. He had an International Licence and was given an on the spot suspension notice, however, police could not take his licence from him due to it being an international licence. He was caught driving a few weeks later by police while also on his mobile phone. He told police that he was in fact suspended – their records did not reveal that was the case. He was charged with driving suspended and driving with mobile phone.
The client was facing a criminal conviction, 12 month minimum disqualification and a significant fine.
After we made submissions on behalf of our client, the Magistrate dealt with the matter by way of s10 and did not record a conviction for the driving whilst suspended. Police would not have been aware of our client’s suspension unless he told them. Had they not known, he would simply have received a ticket for the mobile phone matter.The client was extremely happy as he avoided a criminal conviction and was not disqualified. A small fine was imposed for the driving with his mobile phone matter.