You may be eligible to apply for a Special Hardship Order
Our client, let’s call him “Mr X”, came to our firm seeking help after he received a notice in the mail informing him that as a result of accumulating too many demerit points, he was going to lose his driver’s licence for a period of 6 months.
Mr X was distraught at the prospect of losing his licence as he worked as Plant Operator on a mine site driving bulldozers for a living and needed his job to support his young family.
Luckily for Mr X, we were able to assist him with applying to the Court for a “Special Hardship Order”.
A Special Hardship Order is an Order made by the Court allowing a person to drive, pursuant to certain restrictions determined by the Court.
To be eligible for a Special Hardship Order, you must be able to convince the Court that:-
- You are a fit and proper person to continue to drive, having regard for the safety of other road users; and
- Refusal by the Court to grant you a Special Hardship Order would cause either:-
- Extreme hardship to you or your family by depriving you of your means of earning a living; or
- Severe and unusual hardship to you or your family, other than by depriving you of your means of earning a living.
In Mr X’s case, we were able to convince the Court that Mr X was a “fit and proper person” by drawing the Court’s attention to his minimal traffic history and non-existent criminal history, submitting Character References to the Court on his behalf and demonstrating that Mr X was remorseful and had taken steps to change his driving behaviour by completing a Defensive Driving course.
We were able to demonstrate to the Court that not being granted a Special Hardship Order would cause Mr X “extreme hardship” by depriving him of his means of earning a living, by preparing an Affidavit in which Mr X swore to his living expenses (mortgage, food, fuel etc) and demonstrated that his current job, which he would lose if he lost his licence, was his only way of meeting those expenses and supporting his family.
Not every person will be eligible to apply for a Special Hardship Order and even if you are eligible, there is a strict process (including time frames for applying) that must be followed before a Court will even consider making such an Order.
Talk to one of our experienced Criminal Lawyers today to find out if you are eligible to apply for a Special Hardship Order. Call Kennedy Spanner Lawyers on PH: (07) 4639 2944 (Toowoomba) or (07) 3236 9169 (Brisbane).
