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Traffic Offences
About Traffic Offences
Defending Against Traffic Offences
Many traffic offences are considered a criminal offence that may be punishable by imprisonment, and/or a fine, and/or a loss of your privilege to drive. Contact us if you have been charged with:
- Driving under the influence of drugs and/or alcohol,
- Reckless driving, Dangerous driving, Careless driving,
- Driving on a suspended, disqualified or cancelled license,
- Dangerous Driving Occasioning bodily harm, grievous bodily harm or death
- Leaving the Scene of an Accident,
- Failing to stop when called upon, high speed pursuits
- Failing to give name and address or identify driver
- or any other traffic offence
Traffic and driving offences can result in substantial fines, the revocation of your drivers license and, in serious cases, imprisonment. That’s why it’s vital to engage an experienced traffic lawyer who will provide you with sound and competent traffic law advice and representation.
Extraordinary Driver’s Licenses
Often referred to as an EDL or an E Licence, an Extraordinary Driver’s Licence is a driver’s licence that allows someone who has previously been disqualified from driving to drive under certain circumstances, for example to travel to and from work or drive during work hours.
To apply, you must submit an application to the court after waiting a certain time period which varies from 21 days to 4 months following your disqualification
You must satisfy the court that, unless you are granted an EDL, it will result in:
- You being deprived of the means of obtaining urgent medical treatment for an illness, disease or disability known to be suffered by you or a person who is a member of your family; or
- Having an undue financial burden placed on you or your family, by depriving you of your principal means of obtaining income; or
- You being deprived of the only practicable means of travelling to and from the place at which you are employed.
Restrictions on Applying for an EDL
The following situations will preclude a person from obtaining an E-licence.
- Having an interstate licence that has been suspended or disqualified
- Being disqualified due to demerit points
- Being subject to a licence suspension order under the Fines, Penalties and Infringement Notices Act 1994
- Being disqualified by a police-issued road side disqualification
How the Court Decides on Your EDL Application
While the process may seem straightforward, there are important factors the court considers when deciding whether to grant an EDL. These include:
- Personal circumstances, such as family responsibilities, occupation, location, and medical issues
- Public safety, including your driving record and the circumstances of your disqualification
- Your character, supported by written references or personal statements
- The likelihood of you adhering to the conditions of the EDL
- The Department of Transport’s position on your application
- Your conduct and attitude since the disqualification, including any further offences
Do I Need a Lawyer for My EDL Hearing?
While you have the option to represent yourself at your EDL hearing, having a lawyer can significantly increase your chances of success. Navigating the legal process and presenting the right evidence is critical to convincing the court that you meet the criteria for an Extraordinary Driver’s Licence. A skilled criminal lawyer will understand the intricate requirements, identify the strongest grounds for your application, and ensure the necessary evidence is presented in a compelling way. We often speak to the opposing party (the Department of Transport) to attempt to resolve matters ahead of time.
If securing this licence is crucial for maintaining your employment, we highly recommend having one of our solicitors handle your application.
Lifetime Driving Disqualification
Certain traffic offences can result in a lifetime motor driver’s license disqualification. These may only be overturned by the District Court. Preparing these applications is difficult, requiring precise identification of the reason for the disqualification to be overturned, and often a significant body of supporting evidence.
We will guide you through the process and draft your application, obtain the required evidence and argue the case in court for you.
