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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 47882
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My partner has a suspended sa licence and has been caught

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My partner has a suspended sa licence and has been caught driving twice in the last 4 weeks, the last time he was arrested then released on bail, if he gets caught again and it happens to be of an evening or a weekend will he be detained until he can appear before a judge?
JA: What were you charged with exactly? Do you have any upcoming court dates?
Customer: Driving while suspended
JA: In what state did this occur?
Customer: South australia
JA: Anything else you want the lawyer to know before I connect you?
Customer: That was the second time i have been caught driving without a licence

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Good Afternoon,

the police will not detain him, but he will be required to go back before the judge where there is a possibility that he may be sentenced to jail.

These are serious offences, and if he continues to breach the suspension and drives, the courts have no alternative but to sentencing to prison.

If the police believe that he will not show up in court, and may try and leave the state, then they can hold him until the court date.

the fact that he was allowed on bail on the last occasion and appeared in court is evidence that he will not escape and leave the jurisdiction.

But if they suspected he may, or the court has made an order that he be detained as a result of the previous offences then they will hold him.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Customer: replied 8 months ago.
Thankyou for your response, i cant believe this but as i was waiting for your response i discovered that my partner was picked up again only a matter of minutes ago however this time he was stupidly "helping" someone by driving their unregistered and defected car to another storage location so now what? ( just for yoyr knowledge he has not appeared before the courts for the 1st charge as yet so now there is*****appearances for unlicenced driving plus driving an unregistered and defected vehicle)

Good Afternoon

This is not good at all.

He is in alot more trouble than just driving unlicensed

I would strongly suggest that he hire a solicitor the practices in criminal law, as the court will not be lenient on him at all. If he has not been sentenced and has 3 similar charges in relation to driving unlicensed and now driving an unregistered and uninsured vehicle he is facing a jail term.

The court will take this as a total disregard for the rules and if they allow him to walk away, that he will simply ignore the rules and do it again.

He will need to be represented because he is facing a possible jail term.

The following is what he can receive for driving whilst suspended or disqualified

If you drive a motor vehicle in South Australia whilst you are disqualified from driving or your licence is suspended, whether that is the case in South Australia or any other Australian State or Territory, you will commit an offence that is punishable by six months imprisonment for a first offence, and imprisonment for 2 years for any subsequent offence.

https://www.gotocourt.com.au/traffic-law/sa/driving-unlicensed/

in relations to the unregistered vehicle is looking fine of up to $7500

https://www.lawhandbook.sa.gov.au/ch12s06s05s21.php

as assembly is a very serious charges and he should be represented in court and not appear on his own.

The links I have given you also provide information to exemptions but I think in your partner's case is going to have difficulty.

Good Afternoon

I am just following up my last post.

Is there anything else I can assist you with?

If not please do not forget to rate my work 5 Stars so I can be paid.

Regards

Leon

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