Hi there. If a person has committed a traffic or driving offence, they will face a penalty. There are different types of penalties, depending on the seriousness of the offence. Minor offences usually result in a fine and/or a period of disqualification from driving. More serious offences may involve a community based order that restricts a person’s behaviour or even imprisonment. For some offences, the penalty is fixed by law. This means the court must impose a minimum penalty. In other cases, the court has discretion when imposing a sentence. The court’s decision will be based on a number of factors, such as the traffic offence laws, the seriousness of the offence, and whether the offender has pleaded guilty and/or has any previous convictions.

From the information you provided, it appears that your partner has been charged with at least one driving offence. If this is correct, he will be required to attend a court hearing and plead ‘guilty’ or ‘not guilty’ to the offence(s). A guilty plea means he accepts that he committed the offence and the facts alleged by the police. Pleading not guilty means he denies committing the offence. Your partner should obtain legal advice before entering a plea, as it may have a significant impact on any sentence that may be imposed by a court.

If your partner pleads guilty or is found to be guilty of the offence(s) by a judge or magistrate, before the court imposes a sentence, he (or his lawyer) will have the opportunity to speak. This is called a ‘plea in mitigation’. This is an opportunity to provide information that may influence the court’s decision-making and potentially reduce the sentence. Your partner should provide information that will help the court understand more about his offending conduct as well as his personal situation. For example, your partner may want to explain that he had a good reason for committing the offence, that it was a mistake, that he is remorseful for his actions, that he has serious health issues or a disability, etc. The court will take factors such as these into account when deciding on an appropriate sentence.