Saeed was charged with exceeding the speed limit. His pregnant wife appeared unwell and he drove her to her doctors, who recommended that she be immediately admitted to the nearest emergency department. On route, Saeed was detected exceeding the speed limit by 31km/h. Saeed’s wife was diagnosed with a serious medical condition. Shortly after this time, she gave birth to twins a month prematurely. As a result of the medical condition, she slipped into a coma and tragically passed away three months later. Saeed was already struggling during a very difficult time as the sole parent of new born twins, and two boys aged 3 and 6 years, both of whom had intellectual disabilities. Saeed depended on his driver’s licence for the many medical and NDIS appointments required for the older children, not to mention their schooling and child care. Saeed’s brother, who spoke more English than he did, contacted the police prosecution and conveyed the situation. They were sympathetic, but indicated that the Court would apply the mandatory suspension period.
PCLC obtained the brief of evidence, took instructions and conducted a summary case conference. The prosecution, on being satisfied with PCLC’s submissions, withdrew the matter in the exercise of their discretion. Saeed was able to continue driving his children to their appointments, with no loss of licence, no demerit points, and no fine.