At McKenzie McLaughlin Law, our experienced traffic lawyers can assist with an application to shorten or remove a licence disqualification period. In such circumstances, eligible disqualified drivers will be able to apply to the Local Court to have any outstanding periods of disqualification ‘removed’ if they have not been convicted of a driving offence for a minimum of two or four years (depending on the circumstances of their case). Of course, the Court must agree that it is appropriate to make such an order.
If an application is successful, and the outstanding period of disqualification is ‘removed’, the applicant will still need to apply for a driver licence and successfully complete road safety and knowledge tests before the applicant is lawfully able to drive.
How does the court determine such an application?
The Local Court will determine applications for licence disqualification removal based on documents provided to the court via the court registry. For example, the RMS will provide an up-to-date copy of the applicant’s driving record. There will not be any prosecuting authority to argue against the application. It will be up to the applicant (and their lawyer) to convince the court that licence disqualification removal is appropriate.
It must be stressed that submitting evidence about personal circumstances and a general desire for a licence may not be enough to persuade a Magistrate to remove the disqualification period. Evidence about the level of insight the driver now has, what the driver has learnt during their time off the road, any changes in attitude, new employment prospects, and a change in family circumstances or medical conditions are also examples of what the court may consider as part of the application and which may strengthen an application where appropriate.At McKenzie McLoughlin Law, we believe that there are always ‘two sides to every story’. We are here to assist you in being heard.