案例研究分析 第一个

Drive While Suspended – No Order Against Licence 无照驾驶违法 – 法庭判决没有延长吊销驾照

Following suspension of his licence due to loss of demerit points, our client was suspended from driving for 3 months by VicRoads. He was then caught driving while suspended on three separate occasions during this period. 当事人由于12分扣完了，维州路局（VicRoads）暂停当事人驾照3个月。然后他在此期间前后3次被抓无照驾驶。
The client was charged with: 当事人被控告：
• Drive While Suspended By Infringements 无照驾驶违法
• Exceed Speed Limit 超速
Amelia Ramsay acted on his behalf at the Melbourne Magistrates’ Court.
On the first incident, we successfully negotiated to have the charge withdrawn on the basis of the defence of honest and reasonable mistake of fact. The client instructed us that he had not received any mail from VicRoads notifying him of the suspension. He was able to obtain a letter signed by residents in his street confirming an ongoing issue of undelivered mail. Further, the client was able to provide receipts following his attendance at VicRoads during the suspension period where he was not notified of the suspension but renewed his expired motorbike licence. That charge relating to the first incident was withdrawn. 阿米丽亚 如阿姆塞律师代表当事人出席墨尔本地方法院。她成功说服警察撤销了第一个控告，理由是当事人当时真的不知道被吊销这件事。 当事人没有收到维州路局（VicRoads）的任何邮件。律师叫他设法获取同一条街上的邻居证明他们这里的确收取信件出了问题。 然后当事人还有路局的收据，显示当时去了路局更新自己的牌照，然而路局真的并没有通知当事人他的驾照被暂停三个月这件事。律师几经周折说服了警察撤了第一条控告。
When the second charge came before the court, we sought an adjournment knowing that a further Drive While Suspended charge was expected for the third incident. We advised client that it will be better to appear before the court on one occasion with two briefs and have them dealt with together, rather than appear before the court on two separate occasions where a prior would have been recorded and taken into account by the magistrate on the second occasion. 第二条控告马上需要出庭，但是律师选择替当事人延期，因为无照驾驶违法有三次，后面的控告警察会很快发出传票。所以律师建议两个一起出庭，这样就可以巧妙的避免前一次的记录影响下一次的出庭。
Ultimately, we were able to secure a very positive outcome for a client who, when he came first to our office, was facing 3 possible charges of Drive While Suspended which in many cases will likely result in a term of imprisonment. The magistrate imposed a fine with conviction but no order was made against our client’s licence. He was also given 3 months to pay the fine and was advised by court to contact them if he fails to pay the fine by the due date so a payment plan could be arranged. 最终，律师替当事人争取了一个很好的结果。这三条控告如果不是事出有因的话，放在其它案子里是几乎肯定要坐牢的。法官最终判了当事人缴纳罚款，但是没有延长吊销驾照。律师还替当事人争取了3个月时间来付罚款，必要的话还可以争取延长付款时间。