Traffic Law

Clients often come to us seeking representation for traffic offences in two situations. Either they have been charged with a serious traffic offence that holds a substantial penalty, or they are facing a licence suspension.

One alternative is to challenge whether the offence has occurred. The chances of a successful challenge depend on the offence involved. Often it can be difficult to challenge police evidence of the offence because it is obtained using technical devices such as speed cameras which are operated and tested in accordance with detailed procedures. If you want to make such a challenge, you will need to provide evidence to support your case. It is important that you seek legal advice urgently to ensure that all the necessary evidence is collected while it is still fresh.

The other alternative is to accept the charge and to apply to the Court for a ‘special hardship order’ to allow you to continue to drive your vehicle at the times and for the reasons specified in the order.

The Court will only grant such an order if you can prove that you are a fit and proper person to continue to drive, having regard to your driving record. You will also need to prove that the order is required to avoid extreme hardship to you or your family because without it you will not be able to earn a living or for some other good reason. Alternatively, if you have lost your licence, but need it for work, you may be entitled to apply for a work licence. If successful, the court will grant you a work licence, specifying that you only drive on specific days at specific times for the purposes of your employment.

You may need to provide supporting evidence from third parties such as your employer. In either case, you need a lawyer who is familiar with this area of law in order to have the best chance of getting a positive outcome.