Lawson Legal has represented numerous clients charged with traffic offences throughout Western Australia.  Many matters consist of drink driving offences and extraordinary drivers’ licence applications.

There are several misconceptions about the law governing drink driving offences.  The following are the most frequent queries that Lawson Legal encounters:

  • disqualification takes effect IMMEDIATELY (make sure that you do not drive after leaving the court);
  • disqualification is not automatic for a first offence of excess 0.05, but it may be imposed if the court considers it is appropriate;
  • if you are a P-plater and are disqualified from driving, your licence will be automatically cancelled (which means you have to pass your test again in order to drive); and
  • if your blood alcohol content reading reaches 0.15 or more, the offence is driving under the influence (DUI) which is more serious and can result in imprisonment.

In deciding extraordinary drivers’ licence applications, it seems apparent that most magistrates prefer affidavits from witnesses in support of their application.  In the past, an applicant merely provided a letter from the employer indicating that he/she was required to drive in the job or be terminated.  It is not accepted that an extraordinary driver’s licence application should be granted in order to simply drive to and from work.  Further, applicants should also be prepared to provide documentary evidence (i.e. bills, bank payments etc.) to substantiate financial hardship.

Should you, or anyone you know, need any help in relation to extraordinary drivers’ licence applications, or any other traffic matters, contact Lawson Legal for your free initial consultation with one of our experienced criminal lawyers.