My son is 23 this month and has his full license. While on his P2's he was working in Mount Gambier. He had dinner at

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Customer: My son is 23 this month and has his full license. While on his P2's he was working in Mount Gambier. He had dinner at the local Hotel and upon leaving he got into his car, drove around the carpark and decided it would be best to leave his car there. As soon as he got out of his car a police officer approached him and he was asked to take a breath test. His result was just over. He went to court and had a 2 month extension to his P2's. He did try to do the right thing.
JA: What state is your son in? It matters because laws vary by location.
Customer: Sorry I'm still going..... He has had his full license for around a year and this happened. He had a night out and decided to leave his car on the road. Had a friend drive him to get it the next day but an officer pulled him over and he was just over again. He tried to do the right thing. He now has to go to court again and I was wondering whether he should have a lawyer to help represent him. What do you think? Kim
JA: The Lawyer will be able to walk you through that. What steps has he taken so far?
Customer: None yet. He's very worried. So am I
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We live in South Australia
Answered by John Melis in 2 hours 1 year ago
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John Melis
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John Melis
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John Melis
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72962 Satisfied customers

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John Melis, Expert

Hi, I am John Melis, the solicitor. I am in Australia. I want to thank you for taking the time to speak with me today.

Hopefully, together we can find the right path for you. May I suggest the following for your consideration?

Your son will be able to protect his licence on the following points below:

​There are various defences that you can raise.

Some of these defences include sudden emergency, provocation by another driver, road conditions, psychological stresses, mental health and so on.

One of the main supporting factors in running your defence is to obtain three affidavits in support of your position.

The affidavit should detail that the person who signs it, is aware of the penalty against you.

Usually, when a traffic event happens, there is always a reason. You can reduce the penalty or have it entirely withdrawn by providing supporting reports on the road incident through a traffic engineer.

Consider some or all of the following points as well.

(a) Offence complete and established in accordance with the standard points of proof;

(b) Admission of offence;

(c) Good driving record as defined;

(d) Poor driving record as defined;

(e) Type of road - dual / divided;

(f) Location (residential / industrial / school / intersection);

(g) Time of day;

(h) Traffic density at time of detection;

(i) Speed zone (e.g. 40 km/h school zone);

(j) Weather conditions;

(k) Safety related offence as defined; and

(l) Previous convictions in the past ten (10) years

Many traffic incidents are defended well.

Would you like to consider this option?

​I can hear your concern and your voice, and if you follow the steps I’ve suggested above, it will give you a direction to go.

Please let me know if you have any more questions.

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