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QLD Charged with Driving Unlicensed and Disqualified - Self Represent?

Discussion in 'Traffic Law Forum' started by Makaveli, 24 October 2014.

  1. Makaveli

    Makaveli Member

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    Hi there, I was pulled up last week and was charged for driving unlicensed due to being disqualified. The description of the charge is cumulative disqualification of my drivers licence for 6 months. I now have to appear in court early next month. If convicted, I believe that I will be disqualified from driving for another two years and was told this is the minimum. What are my chances of avoiding conviction? Is it worth paying for a lawyer? Thanks in advance.
     
  2. Tim W

    Tim W Lawyer

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    It's always worth paying for a lawyer.

    What are your chances of being acquitted? Almost zero.

    What are your chances of a reasonable scale of penalty, if you are assisted by a lawyer?
    Probably better than if you did it by yourself.
     
    Worldly1 likes this.
  3. Sarah J

    Sarah J Well-Known Member

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    I agree with Tim, if you did in fact drive without a valid licence then you are guilty of the offence. If you have an excuse that may justify your actions or lessen your penalties and you are confident you can present them as a self-litigant, then by all means, don't engage a lawyer. However, remember that what you think is a valid justification is often not the same as what the "law" thinks as a valid justification. Hence, it is best to engage a lawyer to advise on which arguments would be best accepted by the court. If you have no justifications have just plainly disregarded the disqualification, still best to engage a lawyer to advise you on mitigating this situation.
     
    Tim W likes this.
  4. Phildo

    Phildo Well-Known Member

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    Bugger all. Zip. Zilch. Nada.

    Unless it was something extreme then you're done (eg saving a human life).

    This is stuff that is clearly defined in legislation, so the magistrate is bound by that.

    Possibly.

    If you can speak for yourself and present yourself well then you can give it a shot on your own. Carry on about how stupid your decision was, how much you regret it, how you now have a much greater appreciation of the privilege to drive, etc.

    If you've got the money then a lawyer can be a good investment.

    If not, then work out your speech and start practicing.
     

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