RESULTS

Trafficking a Drug of Dependence / Withdrawn

Case: Speeding charge withdrawn due to VicRoads administrative error.

Our client was intercepted by Highway Patrol on the Calder freeway for driving at 139 km/h. The Police Officer provided our client with a defective infringement for speeding in an 80 km/h, when the freeway was a 100 km/h zone.

Our client contested the infringement, however he only received a document from VicRoads, stating that he lost his license. Eventually, he was given a Court summons after not driving for 6 months.

Charges/ Ch1 (Traffick Meth); Ch2 (Possess meth); Ch3 (Possess ecstasy); Ch4 (Possess Viagra); Ch5 (Drug driving (Meth); Ch6 (Drive whilst suspended); Ch7 (Careless driving); Ch8 (Possess Proceeds of crime $4,077.50)

Result/ Ch1 (Drug trafficking) Withdrawn; Ch2 to Ch8: 12 months license loss, released from prison after 156 time served with a corrections order variation for the previous offending.

Our lawyer negotiated with the Prosecution to withdraw the drug trafficking charge over several months. This may have saved our client from spending extra months in custody, due to how serious the offending was.

Excessive Speed Over 45kph / Fine Without Conviction

Case: Client driving at  double the speed limit on the Westgate Bridge avoids conviction.

Our was intercepted by Highway Patrol on the Westgate bridge for driving 97 km/h in a 40 km/h zone as road works were ongoing.

Charges/ Ch1 (Exceed speed by 57 km/h); Ch2 (Drive in closed off lane with red cross)

Result/ Mandatory 12 month license loss, $1,000 fine without conviction.

Our lawyer made submissions to the Magistrate that our client had no criminal priors and provided character references to show evidence of our client’s good character.  The magistrate did not exercise their discretion to impose a loss of licence greater than the mandatory 12 months.

Corrections Breach / Proven & Dismissed

Case: Serious Corrections Order Breach, Dismissed.

Our client was charged with over 100 offences, whilst he was on a Community Corrections Order for serious offending.

Charges/ Ch1 (Breach Corrections Order)

Result/ Proven & Dismissed 

Our lawyer made submissions to the Magistrate that the offending occurred before our client was given medication for his psychosis and that there has been no further offending. Otherwise, our client completed all the conditions of his previous Corrections Order and was performing well on his current order. He was able to walk away without any penalty for the breach.

Drive Without Supervised Driver & Fail To Display L Plates / Withdrawn

Case: Charges Withdrawn On Lamborghini Identity Issue.

Our client was charged after he allegedly pulled up to a bowser at a service station in a white convertible Lamborghini. He filled up petrol, paid for the petrol and left the service station. He was then later charged with having no learner supervisor present and not displaing L-plates. Someone had reported the vehicle as suspicious and after police investigation, police charged our client.

Charges/ Ch1 (Driving Without Supervised Driver); Ch2 (Fail To Display L-Plates)

Result/ Withdrawal Of All Charges

We requested that the prosecution withdraw the charges at the earliest stage based on the fact that the photos of the accused person have characteristics of a middle aged man with a skin fade hair cut. Prosecutions agreed to withdraw the charges without our client seeking costs against them.

Carrying On An Illegal Tobacco Business / Fine With Conviction

Case: Jail Avoided for Carrying On An Illegal Tobacco Business.

Client was charged by police after raiding a gift shop and seizing over $100,000 worth of illegal tobacco and e-cigarettes. The client was working at the gift store and was charged with 4 charges in relation to the search warrant that was conducted. His charges related to the selling and posession of the tobacco and e-cigarettes and also failing to pay over $100,000 in tax.

Charges/ Ch1 (Carry On Illegal Tobacco Business and Avoiding Excise Duty); Ch2 (Possess Schedule 4 Poison); Ch3 (Supply Poison Without Authorisation); Ch4 (Carry on Tobacco Business Knowing Good Were Prohibited)

Result/ Withdraw Ch2, 3, 4; Plea Ch1:$2,000 fine with conviction

We negotiated with police prosecutions on multiple occasions and they agreed to withdraw 2 of the more serious charges involving the sale of the tobacco and e-cigarettes and avoiding excise duty (tax). We then subsequently had the summary of facts on the brief reduced by almost half.  This gave an opportunity for us to seek a sentence indication on the remaining charges.

Drive Whilst Suspended / Fine Without Conviction

Case: Rolled ankle leads to suspended driving charge.

Client was attending a wedding with his wife when she rolled her ankle and was unable to drive home after a night of celebratory dancing. Our client decided to drive home and was pulled over by police after they scanned his registration. Our client admitted to police that his Victorian drivers license was suspended.

Charges/ Ch1 (Drive Whilst Suspended)

Result/ Fine Without Conviction

We conducted a plea of guilty at the earliest stage to demonstrate remorse. Our client had no prior history of driving suspended which spared him a conviction for the charge.