Licence Appeals – Case Studies
Social worker faces license suspension for speeding in a school zone
Offence: Exceed speed over 15 km/h in a school zone
Background: The social worker was spotted speeding in a school zone on her way to a routine client meeting. Speeding in the school zone could have cost her:
- Suspension of license for 3 months
- Losing her job which involved the regular use of her car to meet clients
Licence suspension would also weaken her future job prospects, given the current market conditions and would jeopardise her ability to support herself.
Results: Court accepts her appeal and she keeps her licence.
Young Mother Has License Suspended For Speeding
Offence: Exceed speed over 30km/h
Background: A mother was caught speeding on her way to work via her daughter’s child care centre. She explained that personal problems and family health troubles over the past few months had led to a lapse in concentration. The offence could have resulted in suspension of her license for three months.
This would create extreme difficulties for the young woman in managing her work and family duties.
Results: The court dismissed our client’s appeal but reduced the suspension period to three weeks, after carefully considering the ramifications of the suspension.
Solicitor’s comments: This was a case where we were very pleased to obtain a result that took into account the subjective circumstances surrounding the applicant. The applicant was generally remorseful for her error in speeding and there were a number of factors in her life that justified the Court taking the more lenient approach.
Man With Cancelled Licence Is Caught Driving By The Police
Offence: Drive While Cancelled
Background: This client had a less than favourable driving record that was marked by eight driving offences that had attracted 26 demerit points. This had occurred over a period of two and a half years.
His licence had been cancelled after the court imposed a disqualification period for the offence of driving while suspended. After the court disqualification had ended, the man’s licence remained cancelled for a further six months because of the large number of demerit points he had accumulated. Three months before he was entitled to apply for a new license, the police stopped his car while he was driving to work. He did not have a good excuse for driving.
The man faced serious penalties. Because he had been convicted for driving while suspended in the previous year, his present charge was looked at as a second or subsequent offence.
He was looking at a mandatory two year disqualification period. His only hope was to avoid conviction by getting a section 10.
We recommended that he plead guilty. We highlighted to the court a number of features that could allow it to deal with the man in a lenient way.
He had held a licence in another state for over ten years and had not received any traffic infringements or court convictions during this time.
He was a hard working professional man who had overcome significant adversity after growing up in a third world country.
While he had a previous court conviction, it had happened at a time when he had not been represented by a lawyer, so his case was not competently presented.
The thrust of our argument was that if he had been represented by a lawyer on the previous occasion, he would have avoided the conviction.
Results: The magistrate accepted our submissions and found the offence proved but dismissed the charges without proceeding to a conviction. He received dismissal under Section 10 (1)(a) of the Crimes(Sentencing Procedure) Act.
Two weeks after the court decided the case, the man was able to obtain his licence.
This was a fantastic result.
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.