A Gilgandra learner driver caught behind the wheel while suspended due to unpaid fines was on parole at the time, a court has heard.
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John Wesley Murphy, 29, was driving a silver Toyota Vienta, when he was stopped by police on the Newell Highway about 20 km from Dubbo for a random breath test about 10am on July 4 this year.
Officers approached the vehicle and saw Murphy in the driver's seat with a female passenger and baby in a capsule in the rear.
Murphy was asked for his licence when he told police he didn't have it on him and he was only a learner driver.
Officers also asked the female passenger if she had a licence, but told police she was also only a learner and it was suspended.
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Checks revealed Murphy's learner licence was suspended due to a fine default.
Murphy told police he was unaware he was suspended, and that he had been living at his address for the last 10 months and had received no notification in the mail. He did tell police however he had been issued fine notices for not wearing a helmet that he hadn't paid.
Appearing in Dubbo Local Court last week Murphy pleaded guilty to driving while his licence was suspended under section 66 of the Fines Act.
Aboriginal Legal Service defence lawyer Arthur Nguyen said Murphy was supported in court by his partner and daughter. He said his client currently had no income and was in the process of looking for a job, however had since paid the fine.
Mr Nguyen indicated his client had intended to get his provisional licence when he receives a job and has the income to pay for the test.
He asked the court to consider a disqualification of one month, as he lived in Gilgandra and needs a licence to help drive his child.
However the court heard Murphy was on parole at the time he was caught driving while suspended.
Magistrate Mal Macpherson said there was "no way" Murphy was receiving the minimum disqualification.
"Why would you get in a car, when you don't have a licence, and you're on parole?," he asked Murphy.
"You're on a learner licence, you don't have a person with you, you're on parole, and you've only been a learner since last year, which in no way encourages this court to give you a minimum disqualification."
Murphy was convicted, disqualified for three months and fined $550.
Zaarkacha Marlan
Court and crime reporter at the Daily Liberal. Formerly the sole journalist for the Nyngan Observer, Narromine News and Trangie Advocate.
Court and crime reporter at the Daily Liberal. Formerly the sole journalist for the Nyngan Observer, Narromine News and Trangie Advocate.
