Our solicitors have experience defending clients in relation to various traffic matters, and successfully obtaining work licences and special hardship orders for clients.
If you find yourself charged with a driving offence it is quite often the case that facing a period of licence disqualification is mandatory. It is important to obtain legal advice regarding what action might be taken against you by the courts, as well as your rights.
Work Licences (Restricted Licences)
If you have been charged with a certain offence, and you intend to plead guilty, you may be eligible for a Work Licence (Restricted Licence). These offences include:
- Drink driving;
- Being in charge of a vehicle while over the limit;
- Driving with a relevant drug in your saliva or blood;
- Being in charge of a vehicle with a relevant drug in your saliva or blood; or
- Failing to provide a breath sample at the roadside.
A work licence is exactly what the name suggests - a licence that allows you to drive to and from work, and whilst at work, for the purposes of earning a living. A court must be satisfied that the loss of your licence would deprive you of your means of earning an income and cause you extreme hardship. The court must also be satisfied that you are a fit and proper person to hold a licence.
If you have been charged with one of the above offences, you should obtain legal advice to ensure that you meet other relevant criteria.
Special Hardship Orders
If your driver licence is about to be suspended it may be the case that you are eligible for a Special Hardship Order which would allow you to drive under special conditions. If your licence is about to be suspended due to any of the following reasons, you may be eligible:
- You have been charged with driving more than 40km over the speed limit (high speed offence);
- More than one demerit point is allocated to your traffic history while you were driving during a 12 month good behaviour period;
- You have been charged with driving more than 40km over the speed limit and you have more than one demerit point allocated to your traffic history while you were driving during a 12 month good behaviour period (dual suspension).
To be eligible, you must need your licence to either do your job or to get to and from work or study. You may still be eligible if you can persuade the court that another special reason exists. There is other certain, strict criteria that applies. You should obtain legal advice to ensure that you are eligible before applying.
For assistance with traffic matters please contact: