BEENLEIGH: Demerit Point Special Hardship Order Licence Granted

I appeared at Beenleigh Magistrates Court this morning, representing 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 today found themselves in that exact situation. 

They had accumulated 13 Demerit Points in 18 months. 

They elected a 12 month Good Driving Behaviour Period, and then breached it with a further infringement 2 months 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 today.

As a self-employed Tiler, my client would have been financially wiped off the face of the earth if he lost his licence today.

Prior to today’s hearing, I drafted a lengthy and detailed 17 page Affidavit, which addressed numerous issues including but not limited to the financial difficulties which he would suffer if he was to lose his licence, why he was a fit person to be permitted to stay on the road, as well as other reasons why he should be given one last chance.

I also 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.

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