If a court has taken away your licence, there are some things you can do to get it back. One way to do this is to file an appeal with the District Court. In some cases, the person can also request to remove the disqualification. We have looked into these choices in more depth below.
My licence Is Disqualified For Drink Driving. Can I Remove The Disqualification?
If you are found driving while your licence is suspended or driving under the influence, you will lose it permanently. This can only be avoided if there is no record of a conviction. If you have already been charged and convicted, you can go to the District Court to try to change it. The appeal must be filed within 28 days, however. If a judge agrees with the request and doesn’t record a conviction, the time the person can’t drive won’t be in effect anymore.
But if the judge decides that the conviction should stand, you can ask for a shorter time if you can’t drive. To do this, you must show proof that you need a licence. This can be anything from a job contract to a medical record.
Getting Rid Of Licence Suspension Periods
If you missed the deadline to appeal the Local Court’s decision, the time you can’t drive would still be in effect. But if there has been a “period without an offence,” an application can be made to eliminate the ban. In other words, you have done everything right on the road. So depending on the type of crime you were disqualified for, you will have to stay out of trouble for 2 or 4 years. You can’t ask to remove the Car disqualification lifted if you were disqualified for a serious crime, for example, Police Pursuit or Dangerous Driving Causing Death or Grievous Bodily Harm.
Getting A Suspended Licence Back
The methods outlined above only apply to disqualification periods. For instance, if you have lost your licence due to a suspension, you have several options. First, the police or the RMS can issue a licence suspension. As a result, the Court has the authority to reconsider this decision.
What you will need
- Your identification documents, as specified on the form
- Your concession card information (if applicable)
- Your previous driver’s licence (if you have it)
- Your glasses or contact lenses (if you wear them)
- Your medical history (if applicable)
- The PDF documents:
- ‘Licence Application’ and ‘Good Behaviour Election/Acknowledgement’ are the two options.
Provided You Are A Disqualified Driver, You May Apply To Have All Of Your Disqualification Periods Lifted If You Meet The Following Requirements
Any current disqualification periods you have due to one or more of the following offences.
- Driving with a specified alcohol content
- Driving while high on drugs (driving with an illicit substance in the bloodstream)
- If you ride over the speed limit by more than 30 or 45 km/h, you will get a ticket
- Driving rashly, fiercely, dangerously, or at an unsafe speed
- You have not been convicted of a driving offence in the previous two years.
Is there Anyone Who Cannot Apply?
If you have ever been found guilty of one or more of the following crimes, you won’t be able to ask for your ban to be lifted:
- Unsafe driving
- Careless driving that leads to death or serious injuries
- Crimes Act offences include driving dangerously on purpose or not stopping to help after a crash
- Those on a mandated interlock programme are ineligible to apply as well
What Happens If You Drive While Disqualified?
If caught driving while disqualified, you will be charged with disqualified driving and have to appear in Court. If the charge is substantiated, the Court will disqualify you for at least two years and up to five years, impose a hefty fine, and sentence you to 18 months in prison.
We Can Assist You
Platinum Lawyers’ lawyers are traffic law experts. We give first-rate legal counsel. That is why we provide a free initial consultation so you can ask questions and get professional guidance. Call us today at (02) 8084 2764.
