If you have been convicted of a drink driving offence, in most cases, you will also have been disqualified from driving for a period of time. In the ACT, each major traffic offence comes with an automatic disqualification period that is imposed upon conviction.
Whilst a Court must impose a disqualification if it convicts you, you may be able to apply for a restricted licence.
Am I Eligible?
There are a number of requirements that must be fulfilled for you to be eligible for a restricted drivers licence.
- You must hold an ACT licence;
- You must not be currently disqualified in another State/Territory;
- You must be a first time offender;
- Your blood alcohol reading must not be higher than 0.1 for a full licence holder or 0.05 for a provisional or probationary licence holder.; and
- You must have completed a drug and alcohol awareness course.
What do I need to show?
Once your licence application is lodged, the matter is brought before a Magistrate to determine the outcome. In doing so, the Magistrate has to be satisfied that in your particular situation there are exceptional circumstances that warrant the granting of a restricted licence.
When lodging an application for a restricted licence you must file an affidavit and any relevant documents in support of your application. The following are examples of documents and information that may be relevant to the Magistrate in their consideration of your application:-
- Your traffic record, including infringements from the ACT and other Australian States/Territories;
- Any rehabilitation courses or action you have taken, for example, any drug and alcohol program or a traffic offender’s course;
- Any unreasonable inconvenience that you or others might suffer if you were not to have a licence, including the reasonableness of using public transport and/or taxi services;
- The nature, location and hours of your work;
- Any health issues that you or a person for whom you care suffer from that would be put at risk;
- The risk to others on the road if you were to have a licence, including how likely you would be to comply with conditions of a restricted licence.
If you are concerned about your loss of licence, and are considering lodging an application for a restricted licence, it is important to get competent legal advice as soon as possible.
WHERE TO NEXT?
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.