SUCCESS STORY

Victoria

Melbourne Magistrates’ Court – Licence Retained Despite Extensive Interstate Driving History

EAS Legal represented a 47-year-old man at the Melbourne Magistrates’ Court on serious driving offences, with prior convictions across three Australian states. The prosecution pushed for a lengthy disqualification, and previous lawyers had told him keeping his licence was near impossible. Through detailed sentencing submissions on his personal circumstances, the context of the offending, and his progress since, we argued further licence loss was disproportionate. The Court imposed a fine only — no additional disqualification, and the client kept his licence.

Licence Retained - EAS Legal
  • Traffic Charge

Case Overview

Melbourne Magistrates Court 

Charge: Driving offence

Client: 47-year-old male

At EAS Legal, we recently represented a 47-year-old male client before the Melbourne Magistrates’ Court who was facing serious driving-related offences.

This was a particularly challenging matter. Our client had an extensive prior history for similar offending spanning three Australian states, placing him at significant risk of receiving a substantial penalty. Given his history, the prosecution strongly argued that he should receive a significant period of licence disqualification, contending that he should be removed from the road for an extended period.

Prior to engaging our office, our client had been advised by other lawyers that retaining his licence was highly unlikely.

Our Approach

From the outset, our office undertook a detailed review of the matter and developed a sentencing strategy focused on demonstrating why a further period of licence loss was neither necessary nor proportionate.

Our submissions focused on:

  • Our client’s personal circumstances and ongoing need to drive;
  • The context surrounding the offending;
  • The progress our client had made since the offences occurred;
  • Why the objectives of sentencing could be achieved without imposing any further licence disqualification.

We carefully prepared the matter and presented detailed submissions addressing the prosecution’s arguments, advocating that a further period off the road would be unnecessarily punitive in the circumstances.

The Outcome

Following our submissions, the Court imposed:

  • A fine only
  • No further licence loss
  • Client retained his ability to drive

This was an exceptional result given:

  • The client’s lengthy history of similar offending across three states;
  • The seriousness of the current driving offences;
  • The prosecution’s submissions seeking a substantial period of licence disqualification; and
  • The advice our client had previously received that retaining his licence was effectively impossible.

Why This Result Matters

For many people, a driver’s licence is essential for maintaining employment, supporting family commitments, and carrying out everyday responsibilities.

This case demonstrates that even where a client has an extensive history and the prosecution is seeking a significant penalty, careful preparation, strategic advocacy, and a thorough understanding of sentencing principles can achieve outcomes that initially appear out of reach.

At EAS Legal, we focus on understanding each client’s individual circumstances and presenting the strongest possible case to the Court.

Facing Serious Driving Charges?

If you are facing serious traffic offences or are at risk of losing your licence, obtaining experienced legal representation early can make a significant difference to the outcome of your matter.

EAS Legal regularly represents clients in complex traffic and criminal matters throughout Victoria and across Australia.

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