Our client has been a truck driver for 28 years and his licence means the world to him. After spending the weekend visiting his parents in QLD he was driving back to Sydney along the Princess Highway when he found himself travelling on a one lane road between two trucks. The road eventually opened up to two lanes allowing him to overtake. Our client made the split second decision to accelerate and pass the truck ahead before the road narrowed again. As expected the police were ready and waiting they clocked our client at 139km/h in a 100km/h zone. If he paid the fine or was convicted by the court the mandatory minimum disqualification is 3 months. Our client immediately court elected the matter, this meant we could not run a licence suspension appeal. We advised our client that in his case there would be no defence and that he should plead guilty. Even if the court accepted his high need for a licence he had had the benefit of a section 10 twice already. The solicitor had a difficult task.
Our solicitor appeared for him and after lengthy submissions and with much reluctance the magistrate finally agreed to give him one more chance and placed him on a conditional 6 month good behaviour bond under section 10. This also meant that he did not have to pay the $643.00 fine issued by police and kept his licence. Even the court officer commended our solicitor on her efforts and presentation of the case.
Nyman Gibson Miralis provides expert advice and representation in all areas of criminal law. Contact us if you require assistance.