Solicitor: Danielle Warren
Court: Pine Rivers Magistrates Court
Date: January 2018
Our client had been charged with committing a high speed offence of driving at more than 40 km/h over the speed limit. This offence carries a mandatory 6 month suspension period. He sought our advice in obtaining a Special Hardship Order so that he could continue driving during his suspension period for work purposes.
Our client’s employment required him to hold a licence as he travelled throughout Queensland on a regular basis for various projects. In fact, having a valid driver licence was a condition of his employment.
In addition to the application, we drafted detailed affidavits for our client and his employer to show the court that a refusal to grant the Special Hardship Order would cause him extreme financial hardship by depriving him of his means of earning an income.
Our client had a number of entries on his traffic history, including a number of speeding offences. Prior to court, we advised our client to participate in the Queensland Traffic Offenders Program, and we were able to attach his completion certificate and extensive notes taken during the course to his affidavit material. This assisted us in proving that he was a fit and proper person to hold a driver licence.
We filed the application and supporting material ahead of the application hearing in court.
After considering the material and hearing Ms Warren’s submissions at the hearing, the Court was convinced that our client successfully fulfilled all eligibility criteria and was a fit and proper person to continue to drive.
Our client was granted a Special Hardship Order, which allowed him to drive for work purposes between 6:00am to 8:00pm, 7 days per week (Monday to Sunday).
This is a summary of an actual case. Details have been omitted to protect the privacy of our client. We select cases which are informative and no guarantee is provided that similar results are achievable in all cases. Every case is different and you should obtain legal advice specific to your matter and circumstances.