Provisional Licence Appeal Successful

Successful Drivers Licence Appeal

A warehouse shift worker faced a mandatory drivers licence disqualification after misusing a motor vehicle in an empty carpark. Although the Magistrate proceeded without conviction at the first hearing, the Court declined to consider a demerit point reduction, triggering an automatic loss of licence.

First Sentencing Hearing

Before the licence appeal, Talon Legal also represented the client on the underlying charge of misusing a motor vehicle contrary to section 44B of the Road Traffic Act 1961 (SA). That was matter involving a brief wheel spin in an empty carpark late at night.

At that hearing, we:

• persuaded the court of good reason not to record a conviction
• entered an early guilt plea and made submissions in mitigation of penalty
• significantly amended the facts of charge to exclude any prejudicial or irrelevant information
• outlined the client’s employment as a forklift operator, financial commitments, and family responsibilities
• demonstrated that the conduct occurred in an empty area, involved no risk to others, lasted two seconds, and immediately ceased
• highlighted the client’s age, lack of criminal history, and strong community ties
• drew the Court’s attention to the clamping and forfeiture legislation, which already imposed significant deterrence and risk on the client for any future offending

As a result, the Court proceeded without conviction, but the four demerit points attached to the offence triggered a separate administrative disqualification notice, the decision that later gave rise to the successful licence appeal described in this case study.

For this client, losing their licence was not an inconvenience, it was catastrophic.

Magistrates Court Licence Appeal

They were a shift worker, supporting household finances, making loan repayments, one of several siblings, and a regular volunteer in their local community. No one in the household was able to assist with transport. Talon Legal prepared a comprehensive 65-page appeal book, including:

• a detailed sworn statement addressing hardship
• supporting statements from family members regarding their inability to assist
• an objective financial and transportation analysis demonstrating that rideshare costs would consume over 62% of the client’s fortnightly income
• evidence showing that public transport would require a 7-hour commute to travel 15 km due to shift-work hours
• an assessment confirming that walking or cycling was unsafe, supported by road crash and GIS collision data

We also drew the Court’s attention to the operation of the Regulation 5(b) of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022 (SA).

Outcome

The Court accepted that disqualification would cause severe and unusual hardship to both our client and their family. The appeal was granted, and the client retained their provisional licence.

Our Approach

Some people underestimate the seriousness of a licence appeal and attempt it alone. We do not. Whether it is a licence appeal or a major indictable matter, Talon Legal treats every case with meticulous preparation and strategic advocacy. That is the standard our clients deserve and the one we deliver.

We have never lost a driver’s licence appeal in South Australia. Yours won’t be the first.

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.

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 Registrar of Motor Vehicles relies on prior offences/expiations, that the overall record does not indicate a substantial risk to the appellant or the public.

The combination of collision data and built in deterrent effects of the forfeiture regulations demonstrated that the client was already subject to substantial deterrent measures and was unlikely to re-offend.

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.

Book a Consultation & Win Your Appeal

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.