Successful Licence Appeal in South Australia

Successful Drivers Licence Appeal SA

A young driver needed his licence to join the Australian Defence Force. Here’s how we helped him stay on the road and avoid severe and unusual hardship.

Background

We recently secured a successful outcome in the Elizabeth Magistrates Court for a client facing disqualification of their provisional (P2) driver’s licence in South Australia. The client was at risk of losing their licence due to demerit point accumulation following a speeding offence.

Through careful legal strategy, strong supporting evidence, and a thorough application under section 81BB of the Motor Vehicles Act 1959 (SA), we were able to demonstrate that disqualification would cause severe and unusual hardship, resulting in the licence appeal being granted.

A loss of licence would mean our client would not be able to join the ADF because his specialised position required having a valid drivers licence.

This isolated offence triggered a disqualification period that threatened not only our client’s current employment but also their future career.

Circumstances

Our client was a young provisional licence holder who had received an expiation for speeding on a country road. This isolated offence triggered a disqualification period that threatened not only his current employment but his future career. At the time of the offence, the client:

1. Had no prior traffic infringements
2. Was employed in casual shift work requiring regular, short-notice travel
3. Had no public transport options available to commute to work
4. Relied entirely on his licence and motorbike to attend shifts.

Compounding the hardship was his imminent enlistment into full-time service with the Australian Defence Force, where his role would require ongoing reliability, transport independence, and a strong character record.

Our Approach

We prepared a comprehensive submission supported by:

1. Employer letters confirming short-notice shifts and travel requirements
2. Google Maps route data showing the absence of public transport
3. Defence Force enlistment documentation confirming his upcoming training and long-term career
4. Official Defence guidance confirming that while training could proceed, ongoing duties may be impacted by licence restrictions
5. The client’s personal letter expressing remorse, accountability, and outlining the significant hardship a disqualification would impose.

We also led a detailed examination-in-chief at the hearing, guiding the client to clearly articulate the genuine and unusual hardship he would face if disqualified.

Outcome

The Court accepted our submissions and found that the disqualification would result in severe and unusual hardship, far exceeding the normal inconvenience experienced by most drivers. The appeal was granted, allowing our client to retain his licence and proceed with both his employment and Defence career.

Key Takeaways for Licence Disqualification Appeals

This case highlights that:

1. South Australian courts carefully assess each driver’s personal circumstances under section 81BB.
2. Severe and unusual hardship is not simply inconvenience. It must show significant, real-world consequences.
3. Supporting documentation and careful preparation can greatly improve the success of an appeal.

Need Assistance with a Licence Disqualification Appeal?

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

Book a Free Consultation

If you are facing a driver’s licence disqualification in South Australia, early legal advice is essential. Talon Legal has extensive experience representing clients under section 81BB of the Motor Vehicles Act and maintains a perfect 100% success rate.

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.