Drivers' Licenses and Road Traffic Matters
Elliott and Co commonly act for people in Western Australia who have lost their licence but who:
need an Extraordinary Drivers Licence say to drive their car to work or for medical reasons (by application to a Magistrates Court); or who
want to remove their drivers licence disqualification(s) of more than 3 years (including “life”, by application to the District Court).
We understand the challenges and costs involved in not having a drivers license and are in a position to help identify and seek out relevant evidence in support of these types of application.
have experienced substantial life changes (e.g. they now need to financially support their family);
have mellowed over time (and therefore no longer pose a danger to society); and/or
who wish to take up an employment opportunity or remain in employment but cannot do so without a licence.
Many of the applications are brought by people who:
Extraordinary Drivers Licences
Extraordinary Drivers License applications cannot be made until after the relevant waiting period has expired. That time period depends on the intended applicants’ driving history and the type of application that they wish to make (a “Special” or ordinary application).
Once an application has been made the matter is listed before a Magistrate so that the evidence relating to it can be heard. That evidence may include verbal evidence on the day (by the applicant and others) and correspondence (say from a prospective employer, character referees and a doctor (often to indicate the applicant doesn’t have a “drinking problem” and accompanied by a liver function test)).
The evidence is often particularly aimed at explaining past wrongful behaviour, showing the hardship and inconvenience caused to the applicant in not having a license and showing that the safety of the public will not be compromised if an EDL is issued.
It is important to note that if an ordinary application is refused by the Court the applicant will not be able to make the same application again for further 6 months.
Removing Disqualifications
An application to remove a drivers license disqualification(s) for any period in excess of 3 years when that period has not yet expired is made by filing the necessary court documents at the District Court and providing a copy of those documents to the Office of the Director General.
These applications are ordinarily proved by producing evidence on “affidavit” which is similar in nature (but not identical) to that produced for an extraordinary drivers license application.
A Court appearance is listed for the parties to attend where often no further evidence is sought or offered before a decision is made by the Court to make the orders sought or to refuse the application.
Road Traffic Offences
Elliott and Co are also happy to provide legal advice and representation in relation to all road traffic offences.
Perhaps you want advice as to whether you are guilty of the offence(s) with which you have been charged or a lawyer to attend court with you to put your version of events on record and/or explain your circumstances in an attempt to minimize the penalties that will be imposed (that is, provide a “Plea in Mitigation”).
We are also happy to represent you at trial if you wish to defend the charge(s).
Common offences in this area include excess 0.08, drink driving, driving without a valid licence, refusing a breath test, failure to stop after or to report an accident, careless driving, dangerous driving and reckless driving and breach of the terms of an extraordinary drivers licence.
Common penalties imposed by the courts are fines, drivers licence disqualifications and imprisonment which may or may not be suspended.
It may be that even if you plead or are found guilty of an offence that a spent conviction order can be obtained which means amongst other things that the conviction will not need to be disclosed to an employer in Western Australia.
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