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Facing Excess Breath Alcohol Or Related Traffic Charges? Do You Need To Obtain A Limited Licence (Work Licence)?

15 March 2011

Norris Ward McKinnon can help you with all of your traffic related problems. This includes police charges for excess breath alcohol, careless driving or loss of traction (the boy racer charges), road user problems and applying for or obtaining a limited licence when you have been disqualified from holding a license. We strongly recommend that you come and see us, particularly if you have previously faced charges in respect of excess breath alcohol offences.

A limited licence is a temporary licence issued by the Court; this gives a disqualified person the ability to drive, subject to special conditions about where and when. We can help you work out whether you are eligible for a limited licence, prepare the application, and represent you in the application process.

 

Conditions For Getting a Limited Licence

If you have been disqualified from driving and you wish to apply for a limited licence, then you must be able to show the Court that not holding a licence to drive would cause extreme hardship to you or undue hardship to someone else.

You cannot apply for a limited licence if you:

  • Have been disqualified from driving for an indefinite period; or
  • You are currently disqualified as a result of having been convicted of driving whilst disqualified or driving outside the terms of a limited licence; or
  • You are disqualified from driving for committing a serious driving offence attracting a minimum sentence of six months disqualification, within five years of committing another serious driving offence; or
  • You are disqualified from driving a passenger transport vehicle if the limited licence was to enable you to drive a vehicle used for passenger transport.

 

When Can You Apply?

If you are convicted of excess breath alcohol charges and face a disqualification period, there is normally a mandatory 28 day stand down period where you will be unable to drive. You are unable to obtain a limited licence during this period. However, during this time we can start your application by preparing the relevant documents.

 

How to Apply / Timeframes

The process involves getting approval from the Police, completing an application form, completing an affidavit, and preparing a draft order. There will be fees for our services and there is a Court filing fee of $153.33.

We will need to be present when the Application goes before a Judge in the District Court, and you will also need to be present at Court at this time.

An application for a limited licence can take up to two weeks, so you should contact us as soon as possible to get the application underway.

 

What Do We Need From You?

At your first appointment with us you need to bring the registration details of the vehicles that you wish to drive; be prepared to confirm the geographical area you wish to drive in and please bring any details relating to charges/convictions made against you. We also need to know the number of days for which you seek a limited license, and the hours during which you wish to drive. We will discuss with you the timeframes that the Police and Court are likely to accept in your particular circumstances.

 

If You Are Granted a Limited Licence

When it makes the order the Court will specify; the purpose for which your licence is issued, the particular vehicle or type of vehicle you may drive and the particular days or times you may drive. The Court can impose other restrictions on your licence as it sees fit. Once you have been granted a limited licence from the Court you will need to arrange a logbook and arrange an actual temporary licence with the land transport authority. Your logbook is where you record details of where you are going every time you drive your vehicle. Your local AA office will be able to help you with this.

If you are caught driving outside the designated days/hours your limited licence allows, you will face a fresh charge of driving while disqualified. Your car will also be impounded and may be confiscated by the Court. This may apply even if you don't own the car. You will also face a further six month disqualification and a further fine.

 

You Can Also Apply For The Disqualification Period To Be Reduced

Where you are disqualified you may in certain cases, apply for the period of disqualification to be reduced. We can help you with this also. To be eligible to apply you must:

  • Have a year of your disqualification left to serve, and
  • Have not been convicted in the last six months of driving while disqualified, or while your licence is suspended or revoked, or while driving in breach of a limited licence, and
  • Have not been convicted in the last two years of specific serious driving charges

The Court will also take into account your conduct since you have been disqualified, your personal character, the nature of the offence for which you were disqualified, and any other relevant circumstances.

You can discuss the possibility of applying for your period of disqualification to be reduced when you meet with us.

 

Why See Norris Ward McKinnon?

At Norris Ward McKinnon we have the expertise to draft all documents for you, liaise with the Police, and ensure that the correct process is followed within the timeframe specified. See us as soon as possible for all of your traffic offence problems.

If you are facing a traffic problem and wish to discuss with our team, please make an appointment with our litigation team in the first instance by phoning our personal assistant, Cheryl Adamson on (07) 834 6013.