Drive Whilst Disqualified - Successfully defended – charge dismissed!

We represented a client who had moved to Sydney from Tasmania, near Launceston.

He was charged with drive whilst disqualified. He had been disqualified in Tasmania due to a drink driving offence.

At the time the client was pulled over for a random breath test and eventually charged, he thought that his disqualification period had ended.

We carried out research into Tasmanian law and had several discussions with Registrars of the Court in Tasmania to gain an understanding of the process and procedure of that jurisdiction.

Although the client’s matter was before the Court on a particular day (the client being absent), the Magistrate disqualified the client and ordered the period of disqualification to commence almost a month later; something that cannot be done in NSW.

We obtained the necessary paperwork from Tasmania and advised the client to plead “not guilty”, based on the fact that he honestly and reasonably believed that his disqualification period commenced and therefore ended sooner that it did.

At the defended hearing, the client gave evidence and all the important information was adduced in evidence.

We submitted that the prosecution had then not done enough to discharge their onus to, in effect, disprove the defence that was raised.

His Honour agreed and dismissed the charge, finding the client “not guilty”.

A very happy client.