TOOWOOMBA: High Speed Special Hardship Order Licence Granted

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

My client had recently purchased a new car, but due to work commitments, had not previously had the opportunity to properly familiarise themself with the vehicle.

The vehicle was a modified Japanese Domestic Market import.

My client took his new vehicle to Mount Coot-tha one evening.

My client downshifted from 5^th to 3^rd and over accelerated.

My client was intercepted shortly thereafter and issued with an infringement notice for having travelled at 91 kilometres per hour in a 50 kilometres per hour zone.

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 today.

As an Information Technology Technician, my client’s employment would have been immediately terminated 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 drafted a detailed Affidavit for his 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