Any individual can lose their license if they are convicted for certain traffic and criminal offences. An offender’s drivers licence can be suspended or revoked either by a magistrate or judge in court, and can also be suspended by a police officer under various circumstances.
The period of disqualification will vary according to what the circumstances of the matter are, which can range from a few weeks up to unlimited disqualification. However, if two years have passed since an offender’s disqualification, the offender may be eligible to apply to the Local Court in order to have the disqualification order removed.
REASONS FOR RECEIVING LICENSE DISQUALIFICATION
There are a number of factors which can result in an offender’s drivers licence being disqualified:
- Drink Driving: If an offender is found to be driving under the influence of alcohol, there is a significant chance that they will lose their license for any period as prescribed by the law, and the Courts. The disqualification period to be given will depend on the offender’s blood alcohol concentration (BAC) levels at the time of offending, as well as factors contributing towards the relevant Prescribed Concentration of Alcohol (PCA) offence.
- Drug Driving: Drivers caught with either prescription or prohibited drugs in their system face fines of up to $2,200.00 and an automatic 12 month licence disqualification for a first offence. First time offenders may also face up to nine months in prison. Repeat offenders are met with higher penalties.
- Driving whilst suspended: For first time offenders, the maximum fine that can be imposed is $3,300 and up to 18 months imprisonment, along with a mandatory 12 month licence disqualification period. Repeat offenders will attract a fine of up to $5,500 and up to 2 years imprisonment, as well as a mandatory licence disqualification period of 2 years. In both instances, the Court has the discretion to order a longer period of disqualification if it considers that it is appropriate to do so.
- Driving whilst disqualified: Similarly to offences in relation to driving whilst suspended, for first time offenders, the maximum fine that can be imposed is $3,300 and up to 18 months imprisonment, along with a mandatory 12 month licence disqualification period. Repeat offenders will attract a fine of up to $5,500 and up to 2 years imprisonment, as well as a mandatory licence disqualification period of 2 years. In both instances, the Court has the discretion to order a longer period of disqualification if it considers that it is appropriate to do so.
- Sometimes the case becomes that you commit two offences at the same time, for example you are drink driving while your license is suspended or disqualified, in such cases you have to bear the penalties of both the offences separately and due to that, the entire duration of disqualification ends up being more than two years.
HAVING A DISQUALIFICATION REMOVED
In cases where a driver is disqualified from driving, it is best to seek advice from a traffic lawyer who will be able to advise accordingly, and fight for you in the Local Court.
If a disqualified driver is eligible, they may be able to apply to the Local Court to have their disqualification period removed. Whether an offender is eligible will depend on the type of driving offences that they have been convicted of, as well as the total period of time that they have been disqualified.
Generally, an application can be made by a disqualified driver if they have complied with their disqualification period for a minimum of 2 or 4 years (depending on the circumstances of the case). It should be noted however, that as a matter of public policy, as well as the maintenance of the safety of the community, disqualified drivers that have been convicted of offences involving grievous bodily harm or death, or drivers that have been convicted predatory driving or police pursuit offences, will not be eligible to have their disqualification period lifted early.
After making an application to have a driver’s disqualification removed, the offender must attend a Local Court and state various reasons to a Magistrate why the disqualifications should be removed.
Things that Magistrate will consider in your application are:
- The safety of the public
- Your overall driving records
- The type of offence(s) that led to your licence being disqualified
- Your family, work, education or other commitments that make you reliant upon having a driver’s licence
- Your health and finances
Some factors that can assist with your case in Court are:
- To provide documents to the Court that positively highlight your character (such as character references written by friends, co-workers or family);
- If the reason for disqualification was drinking or drugs, it may be a good idea to show the Court that you have taken steps to reform yourself since the offence occurred. This can be shown by attending drug rehabilitation programs or a Traffic Offenders Intervention Program (TOIP);
- By showing the magistrate reasons why it is necessary for you to have a licence, which may be for the purposes of your continued employment, or family circumstances that highlight the necessity to drive.
ENGAGE US AS YOUR DRIVER DISQUALIFICATION REMOVAL LAWYERS IN SYDNEY
If you are facing driving disqualification charges and need help, give us a call at Sydney Traffic Lawyers. We will connect you with a driver disqualification removal lawyer in Sydney who can walk you through the basics of your charges and learn more about your case. From there, we will identify and build the best defence possible for your situation. To schedule a consultation today, give us a call on (02) 8059 7121.