It was a great start to the new year for Clarity Law as we finalised a matter and obtained fantastic outcome for the client. This outcome case as a result of diligent work and case conferencing with the Police Prosecution Corps.

The background

We were engaged to act for a client who had been approached by a police officer about an Evade Police offence. This is a significant charge, which carries a mandatory minimum penalty of either approximately a $7,000 fine or a custodial sentence of 50 days to be served in a custodial facility. On top of this penalty, the offence attracts a 2 year loss of licence.  (see our full article on Evade Police here)

Our office took the initial consultation where the client advised us of what had occurred and what they had been served by the police. The client was served a Type 1 Vehicle related offence notice – which required the client to complete a Statutory Declaration advising if they were the driver of the vehicle at the alleged time of the offence.

We drafted the Statutory Declaration on the client’s behalf, taking care to ensure that what is written wasn’t taken as an admission of the quality of the driving. (Note Do not allow the police to draft your statutory declaration, or try and draft it yourself. You may bind yourself to a position that is not assistive).  See our article on What happens if you are served an evasion notice?

The client was subsequently charged with an Evade Police offence.  This was expected – it is commonly our advice that once you have been served with the notice, the police have made their mind up to charge you with an evade offence.

The outcome

Once the matter hit the court, we requested the dash camera and body worn camera footage of the police vehicle and arresting officer to review, with a view to negotiate the charges (this process is also called case conferencing).  I reviewed the footage and determined that from what was there, it couldn’t be shown that the client had been given a lawful direction to stop. I drafted a submission on behalf of the client and sent to the prosecution.

The prosecution considered the submission and ultimately agreed to reduce the charge to a much lower offence of failing to stop for prescribed purpose. This offence is fine only.

Through a review of the evidence, and negotiation with the prosecutor our office was able to take a client from the brink of a period of imprisonment or a $7,000+ fine and a 2 year loss of licence to a fine of around and no disqualification or conviction recorded.

So what?

So what, you might ask yourself – this doesn’t affect me or have any impact on my specific case. This article highlighting a legal win stands to demonstrate the benefit of having an experienced legal team in your corner. While there is never a guarantee that negotiating with police will succeed, engaging an experienced legal team gives you the best opportunity to secure you the most optimal legal outcome.

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