Anyone who has lived in Australia knows how strict the road rules are — receiving a speeding fine or a suspension notice is all too common. Today we share another success story from NS Legal, to help you better understand NSW road rules and to show how we can help if you accidentally breach them.
[Success Story —
Using Phone While Driving + Unlicensed Driving: Case Dismissed, No Criminal Record, No Fine]
[The Facts]
In June this year, Client A was driving at 106 kph in a 100 kph zone on a highway, with a green P-plate displayed on the vehicle, when police pulled him over. After stopping him, police noticed A’s phone was mounted on a holder and playing a video in a small window. When police questioned A about watching a video while driving, A argued that he was not watching the video and was only wearing earphones to listen to the audio.
In NSW, the rules on using mobile phones and other devices with electronic screens while driving are extremely strict, and they vary depending on whether you hold a non-restricted Full Driver Licence, a Provisional P1 Driver Licence (commonly known as red P), a Provisional P2 Driver Licence (commonly known as green P), or a Learner Driver Licence (commonly known as L-plate).
For details, click [Using your phone as a sat-nav while driving is also an offence? Can you use an iPad or Bluetooth?] to find out more.
Police then asked A to produce his driver licence, but A claimed he had lost it and could only show his Chinese domestic licence on his phone. When police inspected A’s Chinese licence, they found it had already expired — valid only until May 2019. Police questioned A about the expired licence and asked whether he had a new one. A argued that he had completed the theory test in Canberra but did not yet hold an Australian licence or a valid international licence.
Police subsequently charged A with “using a mobile phone while driving” and “unlicensed driving”. The client engaged NS Legal, with Principal Solicitor Candice Li conducting the defence.
[The Result]
After understanding Client A’s situation, we tailored a defence strategy for him. With the help of our lawyers, the client wrote a letter of apology, sincerely acknowledging his mistakes. At the sentencing hearing, the lawyer set out the client’s actual circumstances.
Under our lawyer’s defence, the magistrate accepted our submissions and, taking into account the client’s actual circumstances, dismissed the case, meaning not only would the client have no criminal record, but there would also be no fine whatsoever!
NS Legal has handled many similar traffic offence cases, and the outcomes have left both us and our clients very satisfied.
[Past Success Story — Caught Unlicensed Driving, Lawyer’s Help Secured Waiver of All Fines]
[The Facts]
Client B drove during a period when his licence was disqualified (Disqualified Driving), was spotted by two police officers in Walgett, NSW, and was charged with unlicensed driving (first offence).
The police charges noted that the client’s prior driving record was very poor, with multiple fines for speeding, using a mobile phone while driving, road rule breaches, and illegal parking. Last July, the client had driven while his licence was suspended and had been fined AUD 1,500, with a 3-month licence disqualification. However, during that disqualification period, the client again drove unlawfully and was caught by police. The police therefore considered that the client had disregarded the road rules and repeated the same offence.
In NSW, if a driver drives during a period of licence disqualification, suspension, or cancellation but has no prior unlicensed driving record in the past 5 years and no other serious offence history, then upon conviction the court will treat it as a “first offence”.
For a first-offence unlicensed driver in NSW, the penalties are:
– A maximum fine of AUD 3,300, and/or
– Up to 6 months’ imprisonment, and
– An automatic licence disqualification of 6 months, or
– A minimum licence disqualification of 3 months
The Result
We put the client’s actual circumstances to the sentencing court: the client’s current bridging visa does not permit work in Australia, he has no other source of income, his financial situation is very difficult, and he relies solely on help from friends and the community for basic living. A fine would make the client’s life even harder. On the client’s behalf, we pleaded with the magistrate to waive the fine and replace it with alternative measures such as community service.
With our lawyer’s help, the client wrote a letter of apology. In his plea letter, he first sincerely acknowledged his mistake — driving during a period of licence disqualification was certainly wrong. We also explained that the client’s financial situation was very difficult, and because the client hardly spoke any English, he was unaware that his licence had been disqualified. Furthermore, as the client currently held a bridging visa and was awaiting the outcome of another visa application, a conviction would affect that visa. We also attached the client’s visa VEVO status and a JP-certified character reference. These materials helped the magistrate more clearly understand the client’s character and circumstances, and assisted in the final decision.
Taking all these factors into account, we asked the court to consider waiving the fine.
In the end, the magistrate accepted our submissions, found the client guilty, disqualified him for 3 months, but waived all fines.
[Past Success Story — Speeding While Disqualified and Attempting to Deceive Police]
The Facts
Client C’s case was similar to B’s — also driving during a period of licence disqualification.
While police were conducting routine speed checks on the Princes Highway, the client was driving at 121 km/h (in a 100 km/h zone). The police car then forced the client to stop and asked to see his licence. The client told police he held an international licence, and initially produced a licence that did not match him. On police’s further request, the client produced his own licence.
Police discovered that the client held a NSW class C P1 licence, but no P-plate was displayed at the front or rear of the vehicle. Police then investigated the client’s licence and found that, due to having lost all his demerit points, the client’s licence had been disqualified from 13 April 2021 to 13 July 2021, and that the client had to complete a theory test before being able to drive again, failing which the disqualification period would be further extended.
Police took the view that the client knowingly drove despite the disqualification and had initially tried to deceive them. They charged the client with driving while disqualified (first offence), along with a speeding ticket.
The Result
After understanding Client C’s specific situation, we tailored a defence strategy for him.
At the sentencing hearing, the lawyer made a plea on the client’s behalf, first sincerely acknowledging his mistake and explaining the client’s language limitations — he had not been attempting to deceive police. The client had also contributed a great deal to the local community and church. He further pledged never to reoffend.
In the end, under our lawyer’s defence, the magistrate, taking into account the client’s actual circumstances, decided not to record a conviction, and imposed only a 12-month Conditional Release Order — that is, from the date of the order, he must not commit any offence for 12 months and must appear when summoned by the court. As long as the client stays out of trouble for the next 12 months, it is effectively as if nothing had happened, with no criminal record recorded. For both the client and us, this was a very satisfying outcome.
Conclusion
Australian road rules are notoriously strict, with heavy fines, and almost every driver in Australia will receive a ticket from time to time. Sometimes, through oversight or other reasons, fines pile up and eventually snowball, with very serious consequences. If you inadvertently breach the road rules and face losing your licence or a hefty fine, feel free to contact us for advice on how to handle it and to avoid making the situation worse.
