Disqualified driver application

The law has changed to allow disqualified drivers to allow our criminal and traffic lawyers to apply for clients’ disqualifications to be set aside so that they can obtain their drivers licence and get back on the road immediately.

We are at the forefront of criminal lawyers in making these applications with an unblemished success rate in getting our clients their drivers licence back. We have never been unsuccessful in an application. 

Who can apply to the court to get their drivers licence back?

Disqualified drivers who qualify, who have gone two to four years without committing a traffic offence are now able to apply to get their licences back.

Disqualified drivers can apply to have their disqualifications set aside if:

  • The driver has not been convicted of any traffic offence for two years and the existing disqualifications are for driving whilst disqualified or driving while suspended or you have a habitual traffic offender declaration.
  • The driver has not been convicted of any traffic offence for four years and the existing disqualifications are for the following offences:
    1. Drink Driving.
    2. Refuse breath analysis or wilfully alter concentration.
    3. Drive under the influence of alcohol or drugs.
    4. Driving recklessly, furiously or in a manner or speed dangerous to the public.

If you fit into either of the above criteria, you can apply to the Local Court and the court will consider setting aside your remaining disqualification periods. 

What will the court consider in deciding whether to give me my driver licence back?

The Local Court must consider the following in determining whether it is appropriate to remove the licence disqualifications:

  • The safety of the public.
  • Your driving record.
  • Whether you drove or were in a position to drive a vehicle during the relevant offence-free period.
  • Your conduct subsequent to the licence disqualification.
  • The nature of the offence or offences giving rise to the licence disqualifications.
  • Any other relevant circumstances (including, without limitation, the impact of the licence disqualifications on your capacity to carry out family or carer responsibilities or on your capacity to travel for the purposes of employment, business, education or training, your health and finances and the availability of alternative forms of transport).

What needs to be done to prepare my case?

To prepare your case to the highest standard and speak on your behalf, evidence of the factors supporting your application is usually supplied to your traffic lawyer and then tendered to the court. Examples of evidence that may assist in an Appeal includes:

  • References from employers, family members and health professionals stating why you have a need for a driver’s licence e.g. for work, to pick up and drop off children from school, a chronic back condition, etc.
  • Employment contracts stating that having a driver’s licence is a condition of employment.
  • Medical documentation about any medical conditions.
  • Trip planner documents showing geographic isolation or unavailability of public transport from your residential address to your place of employment.
  • A letter of apology or affidavit stating what happened.
  • Certificate of completion of the Traffic Offenders Program.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. To find out more about how to write a good reference, click here.

Why choose Australian Criminal Law Group?

Our criminal lawyers are experts at obtaining the best outcome possible for disqualified driver applications. For these offences, a good lawyer can be the difference between a conviction and no criminal record, losing your licence or keeping it, and freedom or jail. To read more about Australian Criminal Law Group, click here.

To discuss your disqualified driver application, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices, or make a website inquiry today.


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