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Armstrong Legal Traffic Lawyers assist clients with speeding offences, charges of dangerous driving, driving while suspended or disqualified and many other traffic offences. Traffic offences can attract serious penalties including fines, terms of imprisonment and periods of disqualification from driving. Vehicles used to commit traffic offences can be impounded and even permanently confiscated in Western Australia. Losing your licence and/or your vehicle can seriously affect you and your family, especially if you require your licence to do your job so if you are facing traffic charges it’s important to seek expert legal advice at an early point in proceedings. .

In Western Australia, the majority of traffic offences are handled by the Magistrates Court. Traffic matters can also be dealt with by the Children’s Court (If the offender if a juvenile) and by the Supreme Court if the matter is a serious indictable matter. Most traffic offences in Western Australia are governed by the Road Traffic Act 1974. Some offences under this act carry mandatory terms of imprisonment and repeat offenders can be subject to disqualification from driving for life. It is a serious offence to drive after you have been disqualified from driving by a court and this offence can lead to a custodial sentence.

Extraordinary Licences

If a person has been disqualified from driving in Western Australia and requires their licence for work, they may be able to apply for an Extraordinary Licence. However, persons who have been suspended from driving due to the accumulation of demerit points are not eligible for this.

Licence Disqualifications

If your West Australian licence has been disqualified for a traffic offence for a period of three years or more, you can apply to have the licence disqualification removed. However, this application can only be made after a certain portion of the disqualification period has elapsed. If you have been disqualified for less than six years you must serve three years of this period before you are eligible to make the application and if you were disqualified for between six and 20 years you must serve at least half of the disqualification period before applying. In cases where a licence has been disqualified for more than 20 years, the driver cannot apply until 10 years into the disqualification period.

Having a driver’s licence ‘cancelled’ in Western Australia is different to having it disqualified or suspended. Cancellation of a licence means the driver must apply to the Department of Transport to have the licence re-issued. Disqualification means the driver is not allowed to drive again until the disqualification period ends.

To check the status of a West Australian driver’s licence, contact the WA Department of Transport.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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