Character references for a driving matter

11.1The function of the reference in a licence matter

The reference serves s 10(3)(a), character and antecedents, as in any matter. In a s 111 matter it can also serve s 10(3)(d) by providing independent evidence of the offender's reliance on the licence and the consequences of its loss. An employer's letter that states the role requires driving, that the employer is aware of the charge, and that disqualification would end the employment, is evidence of disproportion from a source the court can weigh; the offender's own assertion of the same thing is not.

11.2Briefing the referee

The referee is told the charge, in terms; that the court requires them to acknowledge it; that they should not comment on guilt or on whether the offender was affected; and that first-hand observation is what counts. The practitioner reviews every reference before tender. A reference that asserts the offender "would never drive impaired" is counter-productive in a presence matter, because it suggests the referee does not understand the charge, and it invites the prosecutor to point out that impairment is not the issue.

11.3Form

Addressed to the Presiding Judge, on letterhead where available, signed and dated, no more than a page. The number is three; more adds little, fewer looks thin.