I appeared at Beaudesert Magistrates Court again recently, to represent a client who had lost their licence due to the accumulation of too many Demerit Points.
You don’t actually lose Demerit Points in Queensland, you accumulate them.
When a person accumulates too many Demerit Points, Queensland Transport will give them the choice of a 3 month driver’s licence suspension, or what is known as a 12 month Good Driving Behaviour Period.
Basically, a 12 month Good Driving Behaviour Period is a bonus 2 points.
If a person elects the Good Driving Behaviour Period, they will be effectively given a second chance.
If they can go 12 months without losing those 2 bonus Demerit Points, that will be the end of it.
However, if they lose those 2 bonus Demerit Points, they will then receive a 6 month driver’s licence suspension (sometimes longer, depending on the person’s traffic history).
The client I acted for found themselves in that exact situation.
They had accumulated 12 Demerit Points in less than 3 years.
They elected a 12 month Good Driving Behaviour Period, and then breached it with a further infringement 1 month into it.
When a person has breached a Good Driving Behaviour Period, they can apply for what is known as a Special Hardship Order Licence.
Such orders basically overlap a person's Queensland Transport driver’s licence suspension, permitting the person to continue driving for work purposes (or if permitted medical purposes), during the suspension period.
I was engaged to apply for a Special Hardship Order Licence for my client.
As a self-employed Truck Driver, my client would have lost their business if they lost their licence.
Prior to the hearing, I drafted a lengthy and detailed 12 page Affidavit, which addressed numerous issues including but not limited to the financial difficulties which my client's business would suffer if they were to lose their licence, why they were a fit person to be permitted to stay on the road, as well as other reasons why they should be given one last chance.
I had my client attend a reformatory course, and I drafted detailed Supplementary Affidavit materials explaining to the Magistrate what my client had learned.
The lengthy Affidavit materials went a long way to address the Magistrate’s concerns regarding whether or not other motorists should be forced to share the road with my client.
I canvassed several issues when addressing the Magistrate, and I handed up numerous character references based on a template which I had earlier supplied to the client.
I was able to convince the Magistrate to grant my client’s Special Hardship Order Licence application.
My client was permitted to continue driving for work purposes only, 24 hours per day, 7 days per week.
Needless to say, my client was extremely relieved and grateful.
Wiseman Lawyers specialise in Special Hardship Order Licence applications, DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
Click here to read about other clients I have helped:
Queenslanders charged with DUI Drink Driving, Drug Driving or Fail To Provide Specimen face a maximum penalty of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
Persons charged with Careless Driving (Drive Without Due Care & Attention) face a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 40 penalty units.
Queenslanders charged with Dangerous Driving, which is a Criminal offence, face a maximum penalty, depending upon the circumstances of aggravation, of 5 years imprisonment, 200 penalty units and a lifetime driver’s licence disqualification.
Persons charged with Disqualified Driving face a maximum penalty of a lifetime driver’s licence disqualification, 12 months imprisonment and 40 penalty units.
Queenslanders charged with Evade Police a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
Persons charged with Repeat DUI Drink Driving, Repeat Drug Driving, Repeat Fail To Provide Specimen, or a Repeat combination of these offences, face a maximum penalty of a lifetime driver’s licence disqualification, 18 months imprisonment and 60 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to the above penalties, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Wiseman Lawyers specialise in DUI Drink Driving, Drug Driving, Careless & Dangerous Driving, Evade Police and Drug, Alcohol & Traffic offences.