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John Melis, Expert
Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.
There are various defences that you can raised to assist in minimising the penalty that will apply.
Some of these defence include sudden emergency, duress, compulsion, coercion, provocation.
One of the main supporting factors in running your case is to obtain affidavits in support of your position. These affidavits are character references to your person. The affidavit should detail the person who signs it, knows of the offence that has been raised against you, and that you still hold a character. Your should obtain a minimum of three character references in support.
In addition usually when an event happens, there is always a reason for it to occur, and especially when you are on the defensive side you can reduce the penalty level by providing some information as to what is happening in your life. One of the appropriate ways to achieve this is through a psychologist report which is court ready. In order to obtain this report, what you will need to do, is have at lease a minimum of 3 visits with a psychologist who can then prepare the report in support of your current state of mind and what such incident did occur.
Stresses in people’s lives can have an enormous impact on what happens to a person.
A well rounded defence will cover various aspects of the incident and why that incident occur.
You have a legal right to protect your interests in this situation.
In regard to the loss of your license and the requirement to seek a minimum license to ensure you can meet your financial obligations you may consider the following point:
Applying for a work licence
What is a work licence?
A work licence is a licence that lets you drive for work even though your normal driver licence has been cancelled because of drink driving or a similar offence. A work licence is officially called “a restricted licence under section 87 of the Transport Operations (Road Use Management) Act 1995”.
You need to apply to the court for an order for a work licence. If the magistrate gives you an order for a work licence, they can put conditions on the work licence, like the times and purposes for which you can drive – it is a restricted licence. You cannot automatically get a work licence because you need your licence for work. There are strict criteria and the magistrate can refuse your application if the magistrate is not satisfied that you are a fit and proper person to hold a restricted licence.
Am I eligible for a work licence?
You may be eligible for a work licence if:
You must be going to plead guilty to one of the following offences:
You will not be eligible for a work licence if you have been charged with driving or being in charge of a vehicle while under the influence of drugs or alcohol, as these are more serious charges. A blood alcohol content of 0.15 percent or more is considered to be “under the influence.”
To apply for a work licence you must also meet all the criteria below:
Even if you meet all the criteria above, you must also:
If you don’t need your driver licence once you get to your job, but you need it to travel to and from work (eg if there is no public transport available and no one is available to drive you to and from work), you may be eligible for a work licence.
You cannot get a work licence if:
It doesn’t matter how much you need a licence, or how good your reasons are, if you don’t need it to keep your job/s and your income, the court cannot give you any type of licence. If you’re not sure if you’re eligible for a work licence, get legal advice.
Thank you for reaching out today.
You have a legal right to protect your interests in this important situation.
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