Our client William was referred to BGCLS by Victoria Legal Aid (VLA) in relation to a criminal charge of driving whilst suspended. The matter was listed for hearing in the Magistrates’ Court the following month and our client was facing possible penalties including a fine and further licence suspension. Both would have a significant bearing on our client’s day-to-day functioning.
At the intake interview our client instructed he had a medical condition that required him to obtain periodic reports to verify his fitness to drive. In this instance he had not received the notification from VicRoads requiring him to submit a medical report. When intercepted by police he was made aware of this and then took steps to obtain the necessary report and have his licence reinstated.
Based on our client’s instructions and his good criminal record, we identified the opportunity to apply for the charge to be withdrawn. We then prepared an application to the police accompanied by a statutory declaration outlining our client’s circumstances. Having not received a response to our request, we made contact with the prosecutor directly responsible for the charge and negotiated the withdrawal of the charge. The prosecutor accepted our submissions and noted that it was not in the public interest to proceed with the matter when the suspension arose from a missed medical report and the desired outcome of compliance had been achieved. Our client was not required to attend court and was very pleased with the outcome.
At the intake interview our client instructed he had a medical condition that required him to obtain periodic reports to verify his fitness to drive. In this instance he had not received the notification from VicRoads requiring him to submit a medical report. When intercepted by police he was made aware of this and then took steps to obtain the necessary report and have his licence reinstated.
Based on our client’s instructions and his good criminal record, we identified the opportunity to apply for the charge to be withdrawn. We then prepared an application to the police accompanied by a statutory declaration outlining our client’s circumstances. Having not received a response to our request, we made contact with the prosecutor directly responsible for the charge and negotiated the withdrawal of the charge. The prosecutor accepted our submissions and noted that it was not in the public interest to proceed with the matter when the suspension arose from a missed medical report and the desired outcome of compliance had been achieved. Our client was not required to attend court and was very pleased with the outcome.
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BGCLS Acknowledges the Traditional Owners of the region we service, their diversity, histories and knowledge and their continuing connection to land, water and community. We pay our respect to all Aboriginal and Torres Strait Islander people, their Elders past present and emerging.
To find out more about the service please follow this link: About Us
BGCLS Acknowledges the Traditional Owners of the region we service, their diversity, histories and knowledge and their continuing connection to land, water and community. We pay our respect to all Aboriginal and Torres Strait Islander people, their Elders past present and emerging.
Many images of Ballarat and surrounds by photographer, Andrew Thomas. Visit Andrew's website to see more of his beautiful images - http://www.andrewthomasphotographer.com/