CLEVELAND: High Speed Special Hardship Order Licence Granted

March 21, 2016

I appeared at Cleveland Magistrates Court again recently, representing a client who had lost their licence due to a High Speed offence. 

In Queensland, if a motorist receives an infringement notice for having exceeded the speed limit by 40 kilometres per hour or more, they will receive an automatic 6 month Queensland Transport High Speed suspension.

In addition, if the 8 Demerit Points which accompany the notice lead to an accumulation of too many Demerit Points, a 6 month Queensland Transport Demerit Point suspension will also be triggered.

The client I acted for found themselves in that exact situation. 

My client was intercepted and issued with an infringement notice for having exceeded the speed limit by at least 40 kilometres per hour.

When a person has received a High Speed Queensland Transport suspension, 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.

My client’s employment would have been immediately terminated if they lost their licence.

Prior to the hearing, I drafted a lengthy and detailed 17 page Affidavit, which addressed numerous issues including but not limited to the financial difficulties which my client 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 also drafted a detailed Affidavit for their employer to sign.

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

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