Drive Whilst Suspended

Our client was driving whilst his licence was suspended. The RTA suspended his licence following unpaid fines. He was adamant that he did not know that the RTA suspended him, and did not receive any letters from the RTA saying so. The case proceeded to hearing at the Downing Centre Local Court.

Our client instructed us that his registered home address was the same address the RTA had on their records, but he moved out of that home on several occasions following a troublesome period in his marriage.

He would often stay at his brother’s house, and wasn’t sure if all of his mail was kept by his wife. We obtained, as part of his defence, evidence of his mobile phone bills during the time which the RTA said that notices were posted out to him.

The phone bills showed phone calls being made to his wife’s mobile phone number late at night, and quite often in the early hours of the morning. These calls seemed to last for at least a half hour. The calls were also listed as being made from a cell tower close to his brother’s house.

Our client and his brother also gave evidence at the hearing, both with rock solid versions stating that our client lived at his brother’s house for at least a few weeks at the time the notices of suspension were sent out.

The Magistrate found on the balance of probabilities that our client did not receive the suspension notice from the RTA, and therefore did not know he was suspended. He had made an ‘honest and reasonable’ mistake.

Our client defaulted on the payment of a traffic fine which led the RTA to suspend his licence for a period of 3 months. During the 3 month period our client was caught driving in Croydon, Sydney and charged with driving whilst suspended.

Our client argued that he never received the letter from the RTA notifying him that his licence had been suspended. During the time the letter was said to be sent, our client had moved house and the letter was sent to his previous address.

Our client gave evidence at the hearing at Burwood Local Court of his move and called his housemate as a witness who also confirmed the time of the move.

Our solicitor tendered our client’s phone records showing numerous phone calls were made to the suburb which he had moved to at the time the letter was sent.

Her Honour Magistrate Barkell found our client not guilty due to an honest and reasonable mistake of fact because he was unaware his licence had been suspended.