No Suspension for Traffic Offence While Being on Good Behaviour Licence


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Our client is a 48-year-old truck driver from Edgecliff.

He came to us with a lengthy traffic record including 3 prior drink driving offences and a number of speeding offences. He was also on a good behaviour licence.

While on the good behaviour licence, he was stopped by Police for not wearing a seatbelt while driving. This meant that he was facing a 6 month suspension period.

Understandably, he was extremely worried about losing his job as a truck driver and not being able to support his wife and two children.

He had been to a number of other lawyers who had informed him that he had no prospect of achieving a ‘Section 10’, which is where a person escapes a suspension despite being guilty of an offence.

Our client then sought our advice.

We advised him to obtain character references from his employer and his wife. We also advised him to write a letter of apology.

The Magistrate initially indicated that he would not be awarding a ‘Section 10’ due to the client’s traffic record and the fact that he was on a good behaviour licence.

However, we made compelling submissions highlighting the disproportionate effect a suspension would have on our client.

The Magistrate was ultimately persuaded to award him a ‘section 10’ for the offence, which means that he continues to be able to drive.