In October 2017 parliament passed legislation which allows disqualified drivers to lodge a disqualification removal application. This means that disqualified drivers may be able to get their licence back sooner.
An application to have your licence disqualification removed early can only be considered if you have not committed any driving offences for a certain period of time. For most applicants this period is four years however depending on your record there are some applicants who only need to be offence free for two years.
If you have been convicted of certain offences you are not eligible to apply to have your licence disqualification removed. This includes any driving offence which caused the death or serious injury of a person, police pursuits, and menacing driving.
In determining your application to remove your licence disqualification the court must consider; the safety of the public, your traffic record, whether you drove while disqualified, your conduct since being disqualified, and any other relevant circumstances.
If you have not yet completed a traffic offenders program the court may adjourn your application so that you can complete it before determining your application.
If your application to remove your licence disqualification is rejected by the court you have to wait a minimum of 12 months before applying again. For this reason it is important that you seek expert legal advice so that your application is presented properly.
If you think you are eligible to apply to have your licence disqualification removed early contact Marsh Blom Lawyers. We can provide advice, assess if you are eligible, prepare your application and represent you at court. First consultations are free and we offer fixed fees for most matters.
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