Court rejects guilty plea, police to investigate further

As facts of the matter were revealed, magistrate David Shepherd's concern grew.

ANXIOUS WAIT. Driver, Jorja Waddle, 19, must wait until Friday to find out if an unlicensed driving charge against her will be dismissed as the demerit points offender was someone who borrowed her car. Picture: Ross Irby

A CONCERNED Ipswich magistrate refused to accept a driver's guilty plea to driving while demerit point suspended after Jorja Storm Waddle blamed the charges on points racked up by another person.

Ipswich Magistrates Court heard Queensland Transport had since accepted another driver was involved and returned Waddle's licence.

Waddle, 19, from Collingwood Park, initially pleaded guilty to a charge of driving unlicensed when demerit suspended at 9pm on February 16.

But as facts of the matter were revealed, magistrate David Shepherd's concern grew.

Police prosecutor Bronson Ballard told the court that Waddle's licence was demerit suspended at the time for three months from December 12, 2017.

However, the points loss had since been redirected to another person. Although Waddle's licence was now valid it wasn't at the time.

"(Perhaps) Wrongly so," queried Mr Shepherd.

The court heard that police regarded it as being a "strict liability" matter as Waddle had to be aware of the status of her licence.

Mr Shepherd said it was not her that made the mistake.

Mr Ballard said it had been her car that was caught speeding (when driven by another). And it was an unusual situation.

Mr Shepherd noted that she was then "deemed to be the driver".

He said the demerit points against her had since been withdrawn, saying "so how can she be convicted of this offence".

And Mr Shepherd queried if "deeming provisions" were applicable to this offence.

"It is a matter of considerable concern as it is mandatory disqualification of six months," Mr Shepherd said.

Waddle told the court she sought legal aid and an appeal written.

"It came back as my fault. As the letter (Transport on her licence status) was sent to my former house where I had left my ex," she said.

"He (another friend) was caught speeding and was also unlicensed.

"So at the same time the plates were taken off my car."

Saying that he had real concerns, Mr Shepherd said he would not accept her plea at this stage.

He adjourned the matter to Friday to allow police time to look into it further.