- Mr M pleaded guilty to Driving while Disqualified 3rd or subsequent offence being his twelfth conviction for Driving while Disqualified. His previous convictions for Driving while Disqualified were in 2008, 2007, two in 2006, two in 1994, 1976, two in 1972, 1969 and 1968. No alcohol or bad driving was involved in the offending. Mr M had been indefinitely disqualified for an offence of Driving with Excess Blood Alcohol 3rd or subsequent offence (being his fourth drink driving conviction). His fixed term of disqualification was not due to expire until 14 March 2010.
- Mr M committed this twelfth offence of Driving while Disqualified taking his son to the GPs after his son had a bad reaction to a tattoo obtained that day. The Defendant lived in a rural area and his partner had serious health conditions.
- His Honour Judge Harvey granted the section 94 application so the Defendant could get off the treadmill of Driving while Disqualified offending and he was sentenced to 200 hours of Community Work and no disqualification was imposed. This meant that when the fixed term of disqualification expired in March 2010 Mr M could attend at the Assessment Centre to apply to cancel the indefinite disqualification and then seek to re-sit his driver’s licence test.
