WN Legal can assist and represent you in the removal of life disqualification of your driver’s licence. Please note that an initial consultation for the removal of your life disqualification will incur a cost of $385 an hour or $175 for half an hour. Our free initial consultation is only tailored to criminal and restraining order proceedings (terms and conditions applied).
A life disqualification means that you are not permitted to hold or apply for a driver’s license for the rest of their life, or until the disqualification is removed.
There are three situations where the Court must impose a life disqualification. They are where:
- The offender has three or more counts of driving under the influence of alcohol (a reading of an excess 0.15g of alcohol per 100ml blood) under Section 63 of the Road Traffic Act
- The offender has three or more counts of driving whilst impaired by the influence of illicit drugs pursuant to Section 64AB of the Act; and
- The offender has three or more counts of reckless driving or driving at a reckless speed (driving more than 45km/h over the limit or at a speed over 155km/h) pursuant to s60 or s60A of the Act.
If an offender refuses to comply with a direction to provide a sample of breath, blood, or urine at the direction of a police officer, they are taken to have committed an offence and such an offence is a prior offence for the purposes of a life disqualification.
How Do I Apply to Have My Licence Disqualification Removed?
- Gather all the relevant information.
- Complete and file an application form with the court.
- Pay the application fee.
- Complete and file affidavits in support of your application.
- Go to court for the hearing.
Your application to have a disqualification removed should normally be made to the District Court. If a disqualification was imposed by the Supreme Court, you must apply to the Supreme Court to have the disqualification removed.
How Do You Remove a Life Disqualification?
An offender sentenced to a life disqualification can make an application to the District Court of Western Australia (or the Supreme Court of Western Australia if the life disqualification was imposed in that court) to have the life disqualification removed. However, this application can only be made once ten years have passed.
In order to succeed in your application, you must make genuine attempts to satisfy the following matters:
- Whether the public would be endangered if the disqualification was removed;
- Whether you are a person of good character;
- The circumstances of the offence that led to the life disqualification;
- Whether you have has taken steps to rehabilitate since the disqualification;
- Whether there are further offences were committed since the life disqualification; and
- Whether there is a need for a driver’s license.
You can only apply to remove a disqualification if it is for more than three years. Multiple disqualifications that together add up to more than three years do not count.
There are certain waiting periods that apply, ranging from 3 to 10 years, depending on the length of the disqualification. The waiting period for the application starts from when the disqualification takes effect.
If you have cumulative disqualifications that are each for more than 3 years, you must apply to have each disqualification removed separately and will have to serve a new waiting period after one is removed and the next disqualification first begins to run.
If your disqualifications were made concurrent, you can apply to remove all of them in the same application, so long as you have served the waiting periods that apply for each disqualification.
If you have more than one life disqualification, no matter if they are concurrent or cumulative, you can apply to remove all of these at the same time.
What Does the Court Consider When Making Its Decision?
The court will make its decision based on:
- The safety of the public generally
- Your character
- The circumstances of the case
- The nature of the offence(s) giving rise to the disqualification, and
- How you have behaved after your licence was disqualified.
If your application is refused, you must wait 12 months before you can try again.
Will I Have to Pay Any Costs?
You will have to pay a court filing fee when you file your application with the court. You may also have to pay the legal costs of the solicitors for the Director-General of the Department of Transport, even if you are successful in your application.
Your Criminal Defence Lawyers in Perth
If you have been disqualified from driving for more than three years for one offence, WN legal can help you apply to get your licence back before the disqualification ends.
At WN Legal, we provide prospective clients with a complimentary 30-minute consultation without any obligation. We will communicate it to you upfront and explain the reasons why we cannot assist you, and we are transparent in our approach and if we have any reservations about your chances of success. If, after your consultation, you feel another law firm might better serve your needs, you can walk away with no obligation to us.
Kryan & Khew are extremely compassionate and professional. They are very thorough and don’t miss anything, I was super impressed with their genuine personalities while they remained professional and businesslike throughout my dealing with them. I would not hesitate to recommend my family, friends, and business clients to them.
I was recently charged with aggravated common assault. WN Legal represented me from day one till the case was finalized. They are affordable, professional, knowledgeable, and sensitive. They kept me updated on the progress of the case. Despite the seriousness of the charge the outcome was the best I could expect – a fine and spent conviction. I would recommend WN Legal for all your legal problems.
“Khew and Aimee were both so amazing and helpful, Khew ran through everything to make sure we understood everything that had to happen and how things would work. I had Aimee with me on the big day and she was super kind and made you feel so comfortable like a best friend was with you, no nerves at all! She even walked me to the car to make sure I was safe, and we came away with a positive outcome 😀 win-win defiantly recommend this company 5 stars.”
“WN Legal are far superior to any legal firm we have dealt with before and they have set the bar so high we doubt we will ever find a legal firm as dedicated and professional.
We dealt mainly with Kyran who was readily accessible and exceeded our expectations. We also found the rest of the team at WN legal to be just as helpful, friendly, and genuine.
We highly recommend WN Legal to anyone.
If we could leave a rating higher than 5 stars we would, Mark and Marina”
“Absolutely the best service. I was treated in a professional manner and when i was about to give up Khew turned around and said i am not ready to give up fighting for you yet. Some of the best words said to me in awhile. Thank you Khew for all your help and support i highly recommend this law firm.”
FAQS for Removal of Driver’s Licence Disqualification
What does the court consider when making its decision?
The court will make its decision based on:
- Your character
- The circumstances of the case
- The safety of the public generally
- The nature of the offence(s) giving rise to the disqualification, and
- Your behaviour after your licence was disqualified.
In the event that your application is declined, you must wait for a period of 12 months before reapplying.
How long do I have to wait before I can apply to have my licence disqualification removed?
You can only apply to remove a disqualification if it is for more than three years. It does not count if there are multiple disqualifications that together add up to more than three years.
The waiting period for the application starts from when the disqualification is imposed. There are certain waiting periods that apply, ranging from 3 to 10 years, depending on the length of the disqualification.
If you have cumulative disqualifications that are each for more than 3 years, you must apply to have each disqualification removed separately and will have to serve a new waiting period after one is removed and the next disqualification first begins to run.
As long as you have served the waiting periods that apply for each disqualification, if your disqualifications were made concurrent, you can apply to remove all of them in the same application.
No matter if they are concurrent or cumulative, if you have more than one life disqualification, you can apply to remove all of these at the same time.
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WN Legal – Perth’s Leading Lawyers for Removal of Life Disqualification
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