23 June 2017

On the road again?

Criminal Law
Queensland

Asked

Driving offence -

Our client was on a good driving behaviour for one year which allows for 1 point in 12 months. He lost 3 points in one driving offence.

We understand that our client's licence will now be suspended for double the original 3 month period to a 6 months suspension.

Is there a course of action we can follow to mitigate this time period?

Thank you.

Answered

Thank you for the question.

Your understanding is correct.

If the suspension will cause extreme hardship or extreme and unusual hardship to the client or their family, a special hardship order can be sought, which allows your client to drive in defined circumstances.

A Special Hardship Order Application (form F4401) and supporting evidence must be lodged in the Magistrates Court within 21 days from the start of the suspension period. Once accepted and stamped by the court, a copy of the application and affidavit must be given to the Department of Transport and Main Roads at least seven days before the court hearing date.

The Special Hardship Orders Information Sheet published by the Department of Transport and Main Roads will be of further assistance.

Regards

Mentor