Diversion for Driving While Suspended
Case Summary
After notifying VicRoads of a change in his medical circumstances in relation to driving, the client failed to participate in a required VicRoads Medical Review and did not respond to VicRoads. This resulted in his licence being suspended.
The client was subsequently stopped by police while driving with a suspended licence.
The Challenge or Circumstances Surrounding the Matter
The client had no prior convictions.
Driving while suspended is a serious offence, punishable by up to two years' imprisonment. The client also lacked a justification for failing to engage with VicRoads.
A further challenge was that, due to Victoria Police policy, driving while suspended is not traditionally an offence for which diversion is available.
Our Strategy
When the prosecution did not withdraw the charge on the basis that the client had made an honest and reasonable mistake of fact as to the status of his licence, Luke Metherell made detailed submissions that diversion was appropriate.
A diversion allows a person accused of an offence to acknowledge their responsibility, rather than admit guilt. It involves the person completing a personalised plan, generally over three to 12 months, with the charge dismissed at the conclusion, resulting in no criminal record.
Luke advanced this argument despite diversion not generally being available for this form of offence.
Crucially, granting diversion is entirely at the prosecution's discretion and must ultimately be considered appropriate by a Magistrate.
Result
The prosecution granted the diversion.
Following submissions, the Magistrate imposed a uniquely limited diversion requiring the client to be of good behaviour for one month and pay a $150 donation to the Court fund.
The matter was finalised in a single day and resulted in an exceptional outcome for the client, who was able to move on with his life.
Why the Client Benefited Having Stary Norton Halphen & Galbally as Their Lawyers
Careful advocacy ensured that diversion was made available to the client and that the conditions imposed were ultimately limited.
The client was closely guided throughout the matter, particularly given his lack of familiarity with the legal process. Luke's approach ensured that the client understood the process and was supported through each stage of the matter.
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