Drivers Licence Appeal Allowed | Case Study

Successful Drivers Licence Appeal

Talon Legal recently helped a young motorist retain his drivers licence in circumstances where disqualification would result in severe and unusual hardship.

Background

Our client, a 21 year old provisional (P2) driver and international student at the University of Adelaide, faced a six-month administrative disqualification after committing a serious driving offence.

They were subject to strict student visa conditions requiring the timely completion of the degree and the offence occurred during their final semester of study. The client needed a car to get to and from class and importantly, their final practical placement.

A loss of licence would mean forfeiting a final semester, failing to complete the degree in time, paying over $20,000 in sunk tuition fees and potentially breaching student visa conditions. To say the stakes were high is an understatement.

We filed a drivers licence appeal under section 81BB of the Motor Vehicles Act 1959 (SA) in the Magistrates Court of Adelaide and successfully set aside the disqualification. The Court was satisfied on the basis of evidence given on oath that losing the licence would cause severe and unusual hardship, and that the client did not present a substantial risk to the public or themselves.

We prepared a 45-page, paginated appeal book cross-referencing compulsory attendance, class/placement timetables, no workable public transport, quantified rideshare costs, and Student Visa condition 8202 obligations.

How to win a Drivers Licence Appeal in the Magistrates Court of South Australia

The Magistrates Court may allow the appeal under section 81BB of the Motor Vehicles Act 1959 (SA) only if satisfied that:

1. On sworn evidence, disqualification would cause severe and unusual hardship to the appellant or a dependant; and
2. If the Crown relies on prior offences/expiations, that the overall record does not indicate a substantial risk to the appellant or the public.

In this case, our client exceeded the speed limit by more than 20km/h and less than 30km/h while driving at night time and relying on out of date Apple Maps data. 

Apple Maps relies on map data provided by TomTom, which is updated approximately four times a year. There is no manual way to update the maps on your device.

The Challenge

1. This was not about mere inconvenience. The final-semester timetable and on-site placement meant attendance was non-negotiable.
2. Public transport did not align with start/finish times; the single shuttle could not support library/assessment demands; and the cumulative rideshare cost over the semester and placement would exceed the client’s realistic weekly surplus.
3. For an international student bound by visa condition 8202 (maintain enrolment and satisfactory attendance), any deferral or failure risked visa consequences and significant extra international fees.

Our Strategy: Evidence of Severe and Unusual Hardship

At Talon Legal we believe in winning a case before even setting foot in the court room. On this occasion, our 45 + page appeal book helped to persuade the Court during a very busy afternoon list, by highlighting:

No Public Transportation Available

1. There was no door-to-door public transport from the Adelaide CBD student accommodation to Roseworthy campus.
2. The single inter-campus shuttle each way did not align with class timetables and practical placements; and rideshare costs to and from campus would exceed $150 – $200 per day.
3. We mapped door-to-door travel, showed the shuttle’s once-each-way limitation, and put earliest/last services, interchanges, walking distances and ride-share totals into the record.

Compulsory Attendance & Class Timetables

1. Our client was enrolled in a specialised degree which required mandatory attendance.
2. Practical placements were impossible to reschedule and they were required to attend at least 80% of all classes in order to receive a passing grade.

Opportunity Costs

1. We provided financial records and tuition invoices which showed that our client was being supported by his parents overseas.
2. We demonstrated current semester fees paid, sunk cost in the degree (nearly $200,000), and the weekly surplus was insufficient to sustain rideshare for a semester + placement.

Visa Conditions

1. We put condition 8202 in evidence and explained the practical consequence of deferral/failure (attendance/academic progress).

Risk

1. We addressed the incident candidly as an isolated event and detailed behaviour changes, to demonstrate there would be no substantial risk.
2. We also obtained images from the client’s vehicle at the location of the speeding offence which demonstrated his Apple Maps infotainment system displayed incorrect speed limit data.

Serving All of Adelaide & Beyond

Talon Legal regularly appears in all South Australian courts and surrounding jurisdictions, including:

Automatic Licence Disqualifications

Provisional and probationary drivers can be administratively disqualified under section 81B in certain circumstances:

1. Drink driving
2. Drug driving
3. Driving under the influence
4. Exceeding the speed limit by more than 10km/h
5. Demerit point disqualifications

If you received a notice of disqualification, you can appeal under section 81BB in the Civil Jurisdiction of the Magistrates Court of South Australia.

Need Help With a Drivers Licence Appeal in SA?

Contact Talon Legal (Traffic Lawyers Adelaide) today to discuss your case for free and without obligation:

1. Call now (08) 7094 2021 or book your free case review online.
2. Understand drivers licence appeals: Guide to Drivers Licence Appeals.