Since 2010, the grounds upon which an extraordinary licence in Perth can be obtained has become significantly narrower. During that year, the Western Australia Parliament passed laws that made applying for an Extraordinary Drivers Licence in Perth or Western Australia much more difficult. Currently, the Magistrates Court of Western Australia, which hears the majority of extraordinary drivers licence applications, has regard to a range of factors, including the safety of the public, your criminal and traffic record, the circumstances surrounding your loss of licence, your conduct since losing your licence, and whether you are a person of good character.
Even if the court is persuaded that those factors go in your favour, it cannot grant an Extraordinary Drivers Licence unless satisfied that without one, you will be unable to provide urgent medical attention for yourself, or a family member, or you will face an undue financial burden by being deprived of your principle means of obtaining income, or being deprived of your only practicable means of travelling to your place of employment.
It’s important not only that you are aware of the nuances of the new legislation, and the mandatory waiting periods before applying, but also that you know how to go about presenting evidence that supports your claim; if your application is not successful you are unable to make another application for 6 months.
You will need to appear in court and give ‘Evidence in Chief’ in support of your claim. The Department of Transport has in-house solicitors that appear in every application. If they don’t agree with your Extraordinary Drivers Licence application, they’ll oppose it, subject you to a ‘Cross Examination’, and make closing arguments to the court why it shouldn’t be granted.
Stevenson Legal is experienced in :
Taking your instructions and identifying any ‘problem areas’;
Drafting cogent and fully evidenced written submissions that set out and evidence your application;
Liaising with the solicitors for the Department of Transport and seeking to resolve any issues ahead of, not during, your application;
Guiding you through your Examination in Chief, objecting to any inappropriate Cross Examination questions, and
Presenting persuasive closing arguments to the court.
You might be wondering, what do I need to do to get an extraordinary drivers license?
Firstly, you need to know whether or not you will be eligible to apply at all. While most people under disqualification from driving can apply, not all can. For example, people under demerit point suspensions may not be able to apply [however if you subject to both court ordered suspensions and demerit point suspensions the situation may become more complex].
Secondly, you need to know what the waiting periods are before you can apply. This can vary depending on the reason for your disqualification and is also impacted upon by roadside disqualifications for drink driving offenses. It is important to note that the date that you can first apply for an extraordinary drivers license is not the date that the court will hear your application – that will occur at a later date. Stevenson legal can quantify all the above and give you a precise and certain date for your application.
Thirdly, you need to know the legislative criteria. Simply needing a license may not be enough; you will also have to demonstrate that there are no other transport options open to you, that the geographical limitations you are seeking are reasonable ones, and that the way that you have carried on work prior to the application cannot be sustained. Even if you satisfy the court that you need the application, the court must then go on to consider whether you ought to be given a license regarding factors such as your conduct since losing your license, your character, the circumstances behind your loss of license, and, critically, any danger you pose to the public safety.
Fourthly, you need to know what conditions the court may wish to impose upon your extraordinary drivers license. Conversely, if there are conditions that the court would usually apply that may cause unnecessary inconvenience for you, you will need to mount a persuasive as to why those conditions should not be imposed.
Of course, simply knowing the answers to the above questions will rarely be sufficient. You also need to know how to adequately evidence your arguments and submissions in a way that is acceptable to the court. Many applicants with good claims for an extraordinary drivers license can nevertheless fail due to a lack of properly prepared evidence in support.
Finally, you need to be persuasive in bringing all of the above factors together in a cogent and forceful way that satisfies the court that it ought to grant application that you are seeking. This is important because if your application is refused you cannot apply again for a further six months.
At Stevenson Legal, we have made literally hundreds of applications with an extremely high success rate. The reason isn’t luck. Our clients are assisted by a thorough knowledge of the law, a deep understanding of the rules of evidence and above all experience in presenting applications in a detailed and persuasive manner.
See how we’ve recently helped others
Recent Successful EDL Applicants at Stevenson Legal:
Air conditioning technician, aged 33, lost licence due to a low range drink driving offence (second offence). Applicant’s partner was unable to work due to medical issues and loss of employment would have left the household with no income. Applicant successful in April 2017.
Self-employed landscaper, aged 55, lost licence due to a mid-range drink driving offence (first offence). Applicant had a strong case but needed assistance in preparing documents and supporting evidence. Applicant successful in April 2017.
Communications technician working on mine-site, aged 35, lost licence due to a high range drink driving offence. Applicant had shown remorse for this one-off offence and was able to keep employment due to successful application in April 2017.
Site supervisor on construction site, aged 55, lost licence due to very high range drink driving offence. Strong motivation to change drinking habits and close family support assisted this applicant with his successful application in March 2017.
Retail manager, aged 28, lost licence due to a mid-range drink driving offence. The court was satisfied that all criteria had been met and evidenced. Client very happy to be back at work with only minimal disruption to his working life.
Don’t leave your licence up to chance. Contact Stevenson Legal for any and all help in preparing, presenting, and arguing your Extraordinary Drivers Licence application.
Nick handled the case, all evidence and the full matter in the most professional manner. There is no way I could have worked through the required documents and supporting evidence without Nick and am very grateful for his service. Nick comes very highly recommended.
Mr Stevenson was very through in obtaining all relevant details for my extraordinary licence application. Made things easy to understand. Police didn't oppose our application and neither did the Magistrate. As a matter of fact the Magistrate gave us more than we were asking for. I give Nick 5 Stars plus the coveted Koala stamp for exceptional service. Nicks the real deal.
Nick was very professional in the handling of my son Adams application for his EDL. Nick is very direct and honest we thought our son would get refused but Nicks preparation and legal knowledge got our son through this dark chapter. I would have no hesitation in recommending Nick, Thanks again Nick
Stevenson Legal handled the whole process of my traffic charge efficiently and effectively. I received the best case outcome from my charge. I would highly recommend Nick to anyone who needs legal help, he is highly experienced and skilled.
Thanks to Nicks preparation, my experience could not have been better. We achieved the desired outcome with very little stress and were in and out of court very quickly. Nick clearly knew what he was doing and made the whole process simple and comfortable. Thanks again Nick for all of your help.
My son engaged Nick for a driving charge. Nick immediately put him at ease, laid out the facts and the process and then accompanied him to court. Thank you Nick for your help and support which resulted in a successful outcome. We have no hesitation in recommending him.
This lawyer was very helpful in a legal advice to me! He explained how the process in my case is going to look like and what option I have got. Also he adviced me with possible outcomes of past related cases! For someone like me who has no idea how this all works, his advice was very clear and easy to understand for me! I would recommended him !
Nick Stevenson instantly put me at ease. He was very easy to talk to and offered expert legal advice in a friendly and practical manner. He's a very knowledgeable lawyer and I won't hesitate to contact him again for advice on my legal matters.
Thank you Nick and the Team at Stevenson Legal for a job well done. My partner was looking down the barrel at imprisonment if she did nothing but turn up to court but Nick managed to gain the minimum time off the road and a minimal fine considering what could of been for a major DUI offense. I found Nick to be very Thorough and Extremely Professional in his Presence and ticked all the right boxes on the day!! Thanks again Nick!!
Stevenson legal and Nick in particular provided me with peace of mind and sound legal advice during a trying time for me. Commited to serving his clients, even making an effort to keep up communications in his time off on holiday. I was very impressed with the serivce I recieved and would not hesitate in recommending him to anyone. With the help of Nick all charges were dropped, could not have asked for a better outcome.
I very recently engaged Nick Stevenson for a traffic offense. A series of small charges escalated to a bad position for myself, Nick has an outstanding ability to look at every angle for its honesty. I will absolutely recommend Nick, although I hope I'll never require his service or talent again.!Thankyou Nick
Nick is a astounding lawyer with great skills , i am happy to recommend him anyway of the week for any of your troubles . I hope not to ring again but if I ever need a lawyer in the future I know nick will have the upmost regard for myself and will do anything within his power to help ! Don't hesitate just call !
I recently engaged Nicholas Stevenson of Stevenson Legal to represent me against a charge that carried a substantial fine and imprisonment. Nick successfully argued in court that the offence was at the lower end of the penalty range which resulted in saving me a great deal of money.He also was able to obtain a "Spent Conviction" for me.Nick was clearly at ease with the court environment and acted with great competency and professionalism. I highly recommend him
Solicitor Nick and his team at Stevenson Legal provided excellent and quality service. Nick is selfless, he fights for fair and just, he fights for what is right. Well organised and methodical, Nick is authoritative in the court room and commands respect. I wouldn't hesitate to recommend Nick to anyone that requires legal representation.