DO I need a lawyer?
A lawyer can provide as much or as little assistance as you think you need. While there is no obligation to receive legal advice, people who have a legal dispute, have been charged by police, or who require assistance to drive again after disqualification can be provided with a range of legal assistance designed to achieve goals in the most efficient way.
HOW much will a lawyer cost?
Our initial consultation is $275.00 inc GST. We provide an initial consultation, review of the evidence, consideration of potential pathways and general and specific advice during that consultation. If you wish to engage us to perform further work we always provide written estimate of costs for all work to be performed.
CAN I still drive after having my licence disqualified or cancelled?
Potentially yes. Whether you have been disqualified for life or only a short period you may be eligible to apply to the courts for an order directing the Department of Transport to issue you with an extraordinary driver’s licence. Legal advice
on the legislative criteria, legal argument, presentation of
evidence and court proceedings is strongly advised.
What is a spent conviction and how do I get one?
A spent conviction is an order that can be made by the court with respect to a conviction for a traffic, criminal or other offense.
If a spent conviction order application is granted the conviction will change from a “disclosable” offense to a ”non-disclosable” offense which means that it will not be shown on your usual National Police Clearance. Further, it is usually unlawful for you to be discriminated against on the basis of a spent conviction. There are some exceptions to these rules depending on who is viewing your record and/or the purpose for which it is being obtained. Stevenson Legal can clarify whether your particular circumstances would attract these exceptions.
A spent conviction order can be sought at the time of your conviction, or it can be sought 10 years afterwards. The legal processes change depending on what sort of conviction is the subject of the sought order. For this reason, it is usually a good idea to seek legal advice and seek a spent conviction at the time of your conviction rather than seeking advice afterwards. Again, there are some exceptions to these rules depending on the type of conviction and whether any further convictions have been recorded in the interim. Stevenson Legal can help you to identify whether you can apply for a spent conviction, and if so, which process to use.
In order to grant the order, the court must be satisfied that the offense was either a trivial one all that you are a person of prior good character, that the offense is unlikely to be repeated, AND that there are exceptional circumstances of the case that would justify relieving you of the adverse effect that not obtaining a spent conviction order would bring.
If you require an experienced traffic or criminal lawyer in Perth WA, or have any questions regarding a recent offence, contact Stevenson Legal today on 08 9489 4898.