Suspended driver receives benefit of conditional discharge

A SUSPENDED driver caught behind the wheel has been given a conditional discharge after appearing before Bathurst Local Court.

Edward Hawes, 43, of Macquarie Street, Windsor, appeared before visiting magistrate Viney for driving a motor vehicle while suspended.

Police facts tendered to the court told how police saw a white Territory travelling east on the Mitchell Highway at Vittoria at 9.20pm on May 26 and pulled the driver over for a random breath test.

When police asked the driver if he had his licence, he said he didn’t, according to the police facts.

When asked why, he said he had been booked for speeding and didn’t know whether his licence was cancelled or not.

The accused confirmed the speeding fine was for exceeding the speed limit by more than 30 kilometres an hour as a provisional driver and he had received additional paperwork from police at the time but did not read it, according to the police facts.

Hawes said police had taken his licence from him during the earlier interaction and had not returned it, which he agreed strongly suggested that his driver’s licence had been suspended at the time.

A breath test produced a negative result.

Police conducted checks on Hawes’ licence, which revealed he had been stopped by police and issued with a penalty notice for exceeding the speed limit by more than 30 kilometres.

Police checks confirmed his licence had been immediately suspended for three months and he had been issued with a licence suspension notice.