Have you been charged with Drink Driving in WA? Going to court for the first time can be a frightening experience! You should not face the court alone, and you need us to represent you to ensure that you get the best possible result! Drink driving & traffic law is a specialized area of law. We have over 12 years of experience in representing clients in this difficult but important area. We stay abreast of the frequent changes to legislation in this area and we know how to present your case- no matter how bad you may think it is! Drink Driving Offences are considered major offences under the law and thus attract heavy fines, periods of licence disqualification, impounding & confiscation of your vehicle, and possibly even terms of imprisonment. We know that you want to go to all lengths to make sure you stay on the road but that you also do not want to spend a huge amount of money. We will provide you with a realistic assessment of your case, and estimates of the costs of proceeding further at each stage of your matter. Your driver’s licence is something you cannot do without. Come in and see us for a consultation, and we will provide you with experienced, professional advice on what the possible outcomes are. Don’t risk your future! Mar
Posted on 16-03-2011
Applying For An Extraordinary Driver’s Licence Filed Under (PDF) by admin
An extraordinary driver’s licence can be granted at the discretion of the court. It allows you to drive in certain circumstances even though you have been disqualified from driving.
Can I get Legal Aid ? It is unlikely that Legal Aid will be granted for legal representation at extraordinary driver’s licence applications. However, that is a decision for Legal Aid to make, based upon your application. A duty lawyer may be able to give advice on: how and when to make applications, factors the court will consider, and general court procedure.
How to apply Application forms are available from a court officer at any Magistrates Court. A fee of approximately $161.00 must be paid when you make the application. A court hearing date will be set at least 14 days after you lodge the application. You must go to court on the hearing date.
If the District Court or Supreme Court disqualified your licence you must apply to that court for an extraordinary driver’s licence.
How long do I have to wait to apply? You can only apply for an extraordinary licence after a waiting period has passed. How long this is depends on the type of offence, and any prior traffic convictions. Waiting periods are from 21 days to 4 months, depending on the circumstances. There is a table of waiting periods at the end of this information sheet. Remember that a previous conviction under one section might count as a previous conviction under another section..doc Page 2 Get legal advice if you are not sure what waiting period applies to you.
What will the court consider? The onus is upon you to demonstrate the degree of hardship necessary to justify granting an extraordinary driver’s licence. The court must consider the following things: 1.
1. The safety of the public generally
The circumstances of the offence for which you lost your licence. Your previous driving history and traffic record.
2. The character of the applicant
Bring a responsible person to court who can vouch for your character (such as your employer). 1.
3. The circumstances of the case
It will be very difficult to get an extraordinary licence unless you can show the court that: (a) you cannot do your job without a licence; and (b) you will lose your job if you are not granted an extraordinary driver’s licence. Bring your employer to court. They can tell the court about your employment situation and why you need a driver’s licence. If you are self employed you can explain your circumstances to the court yourself. Tell the court about any other circumstances that you think are relevant to your application. For example, change of address, change in marital status, pregnancy, health problems, injuries etc. You may need your licence for your children, rather than yourself, for example to get urgent medical treatment.
4. The nature of the offence or offences leading to the disqualification
Why was your driver’s licence disqualified? What happened and why?
5. Your conduct since the disqualification
Has your employment situation changed? Have there been any further convictions or charges laid against you? If you had a drinking problem, have you done something about it?
6. The degree of hardship and inconvenience the applicant and their family would suffer if the court doesn’t make the order
Financial hardship – give a breakdown of your income and expenses (eg: net wages or any government benefit, rent, mortgage repayment, other debts and expenses). Hardship to family – resulting from your loss of licence. Any other hardship that may be relevant (eg: loss of job or other opportunities).
If you are representing yourself in court:
Write down what you want to say about each of these things, so that you don’t forget anything. Be ready to answer questions about why you can’t use other means of transport, and why someone else can’t drive for you. Be ready to accept conditions that only let you drive when you absolutely need to.
What if my licence has been suspended for unpaid fines?
If your licence has been suspended because you have not paid fines, you cannot apply for an extraordinary driver’s licence. You must pay the fines, or get time to pay from the Registrar of the Fines Enforcement Registry.
What if my licence was disqualified in another state?
You cannot get an extraordinary licence unless your driver’s licence was disqualified for an offence against a Western Australian law. You cannot apply for an extraordinary driver’s licence if your driver’s licence is disqualified by the laws of another state, or is suspended in another state.
What conditions will an extraordinary licence have? The court can attach any conditions to your extraordinary licence that it thinks fit. Some of the more common conditions are:
the days/hours during which you can drive the purposes for which you can drive (work or medical reasons) where you can drive (for example, particular roads or area, distance) the vehicle or class of vehicle that you can drive.
If your circumstances change you can apply to the court for a variation of the conditions of your extraordinary licence.
What if I breach a condition of an extraordinary licence?
If you breach any of the conditions of your extraordinary driver’s licence you can be fined up to $1200. The court also shall cancel your extraordinary licence unless it thinks that a fine alone is adequate. A fine only would normally occur for a very minor breach of the extraordinary licence.
What is a “special application”? A “special application” allows you to get an extraordinary driver’s licence sooner than usual. A special application can only be made where you have been disqualified for a first offence of Excess 0.08, Driving Under the Influence (DUI) or Fail to Comply. The waiting period is 21 days. For a special application to succeed, you need to show circumstances of “extreme hardship”. Get legal advice before you decide to make a “special application”.
What if I had a probationary licence? If you had a probationary licence cancelled by the Magistrates Court or Children’s Court seek legal advice.
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Dean R. Love & Associates is a leading criminal & traffic law firm in Western Australia. We have over 12 years of experience in this highly technical area, and we understand how important your driver's licence is to you.
We take pride in our technical competence and our ability to deliver outstanding results to our clients. Our success rate for obtaining the lowest fines, the minimum periods of disqualification, and for obtaining Extraordinary Driver's Licences is second to none. For the past years we have achieved these results for thousands of clients and we look forward to doing the same for you. Within this website you will find hundreds of pages of useful information written by our lawyers for your assistance. Feel free to contact us if you require legal advice â€“ we look forward to hearing from you.