Extraordinary Driver’s Licence

Blog & Articles, Criminal Law

Losing your driver’s licence can be a frustrating and disruptive experience. It creates difficulties with your mobility that can impact your employment and place a burden on family and friends. In many instances you are left with no choice but to use public transport that can be time consuming, impracticable, and inconvenient.

If you have had your licence suspended or cancelled by a court, you may be eligible to apply for an Extraordinary Driver’s Licence.

 

What is an Extraordinary Driver’s Licence?

In Western Australia, an extraordinary drivers’ licence, also known as an ‘EL’, ‘EDL’ or ‘e-licence’, is a licence granted by a court allowing someone who has been disqualified from holding or obtaining a driver’s licence to drive under specific circumstances.

 

Am I eligible to apply?

You can apply for an extraordinary licence if your licence has been suspended or cancelled by a Court for offences such as:

    • drink driving
    • driving under the influence of drugs or alcohol
    • driving while disqualified
    • reckless driving
    • disqualification for an alcohol interlock offence

Unfortunately, not everyone who has had their drivers licence disqualified or suspended may apply for an extraordinary licence. Below are instances where a person will not be eligible to apply:

    • If you have received a roadside disqualification notice from the police.
    • If your licence has been suspended due to excessive demerit points (including double or nothing).
    • If your licence has been suspended due to non-payment of fines or infringements.
    • If your licence was disqualified or suspended in another State.
    • If an application for an EDL has been refused by the court within six (6) months.

 

When can I make an application?

Applications can only be made after the waiting period from the date of your disqualification. Waiting periods begin from 21 days but can be as long as 4 months depending on the type of the disqualification you have received.

For demerit point suspensions and immediate roadside disqualification, you must wait until the end of the period stated in the notice before you are eligible to make an application.

 

Granting an Extraordinary Licence

The court will consider a number of issues in deciding your application. However, a court can only grant an extraordinary licence if without your licence:

    1. You cannot do your job; or
    2. You will lose your job; or
    3. You are unable to access urgent medical treatment for an existing illness suffered by yourself or an existing family member.

Other matters the court will take into consideration in your application:

    • The safety of the public: The court will look at your driving history and nature of the offence to determine how your conduct may affect other road users.
    • Your character: The court will want to see evidence of your good character. Having a responsible person present (eg. your employer) to support your application will help establish good character. Written character references are helpful but may or may not be considered by the court.
    • The nature of the offence that led to your disqualification: You will need to be able to explain the circumstances that led to you losing your licence.
    • Your conduct since disqualification: The court will want to know if during your disqualification period if your employment situation has changed and if you have had any further convictions or charges laid against you.
  • If you were disqualified for drink driving, evidence that you have changed your drinking habits or attended any relevant alcohol or drug counselling will be relevant.

 

    • The degree of hardship on you or your family if the court does not grant you an EDL.
      • If the court refuses to grant you an EDL will this:
        • Deprive you of obtaining an income?
        • Stop you from travelling to your job or a family member from travelling to their job?
        • Stop you or a family member from accessing urgent medical treatment for an illness?

 

What evidence will I need to show the Court?

You will need to attend court on your allocated hearing date. At the hearing you need to provide relevant information, documentation, and evidence in support of your application to assist the court to understand how you are being affected by the loss of your driver’s licence.

Examples of relevant documents are:

    • Bank statements
    • Medical reports
    • Letter from employer
    • Proof of financial position
    • Mortgage or rental payments

You will be asked to give sworn evidence to the court. This can be a stressful and daunting task; however our lawyers can represent you in court and guide you through the process.

 

Conditions of EDL

If the court grants you an extraordinary licence, this does not mean you can drive as you would normally do when holding your normal driver’s licence. In many cases, the court will attach restrictions. Some common restrictions are:

    • The days on which you are allowed to drive
    • The hours during which you can drive
    • The places you can drive to and from
    • The purposes for which you can drive (work or medical reasons)
    • Meeting the requirements of the Alcohol Interlock System (If you are under suspension for an alcohol interlock offence)

 

How to apply

For the best possible outcome in your EDL application, contact our friendly team of Traffic and Criminal lawyers at Tang Law. Our lawyers are experienced in guiding you through what can be a complicated process, and put forward the best case to get you back on the road. Get in touch with us today via phone (08) 9328 7525.

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HOW YOU SHOULD DEAL WITH DRUG POSSESSION CHARGES

Blog & Articles, Criminal Law

Did you know that possession of an Illicit Drug with Intent to sell could face up to 10 years imprisonment?

DRUG POSSESSION CHARGES

If you are found to be in possession of drugs, you may face the following charges:

  • Possession of the drugs (if they’re illicit);
  • Possession of a controlled substance (if they’re prescription and you should not have them);
  • Possession with the intent to sell and supply (if the police think that you are dealing drugs); or
  • Drug trafficking (if you have under your control a very large amount of illicit drugs).

How you are charged depends on a few key factors, namely, the weight or quantity of drugs found, the kind of drugs found, the manner in which they were found and anything else that was found in your possession at the same time.

Most of the time, when drugs are found in a person’s possession, they are charged with a ‘possession’ offence and the amount of drugs found will be the determinative factor in how the charge is dealt with, what court it is heard in and what the applicable penalties are.  It is at this point that you need to seek the advice of an experienced criminal lawyer, as there can be huge differences in the outcome or penalty based on how you are charged.

CASE STUDY EXAMPLE

‘J’ was a client of Tang Law that had been caught with cannabis and prescription medication in his car and then was charged with possession with the intent to sell and supply and possession of a controlled substance. The potential maximum penalties for these offences are:

Possession of a Schedule 4 or 8 poison (controlled substance) – a fine of $45,000 and imprisonment for 3 years

Possession of an Illicit Drug with Intent to Sell or Supply (cannabis) – a fine of $20,000 and imprisonment for 10 years

After J instructed Tang Law and we began to correspond with the police to find the underlying causes for this offending, the matter remained in the lowest jurisdiction, pleas of guilty were entered by J and a report was produced for the Court to consider during sentencing.

Based on all the information provided to the Court, including the submissions made on J’s behalf by his lawyer at Tang Law, the Magistrate decided that the appropriate sentence on this occasion was a 12-month order for J to report to police (supervision requirement) and attend counselling sessions for his drug use problem (counselling requirement). This allowed J to get the help that he needed whilst continuing on with his life, outside of prison.

If you have been charged with the possession of drugs, you may contact Tang Law on (08) 9328 7525 to speak with one of our experienced criminal lawyers.

About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr. Ward is an experienced Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.

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Possession of Money Believed to be from an Illegal Source

Blog & Articles, Criminal Law

If you are facing a charge for the possession of illegal drugs (even a very small amount), then it is a common situation that police may believe that any cash found in your possession has come from selling drugs. Therefore, under Western Australia’s Criminal Code Act Compilation Act 1913 (also known as the ‘Criminal Code’), the police can seize such money based on such a suspicion (section 417 Criminal Code).

The penalty for possession of property (including cash) believed to be unlawfully obtained, is up to 7 years imprisonment, or if the charge stays down in the Magistrates Court, the penalty is up to 2 years imprisonment and a fine of up to $24,000. Further, if this charge is proven in court, then the cash that the police seized does not get returned to the person from who it was taken.

How to prove your innocence and getting your money back

In a situation like the one described above, when an amount of cash has been seized by police and a charge has been laid against the person under section 417 of the Criminal Code, it can be a real uphill battle to prove your innocence. In a situation like this it is necessary to either be proven Not Guilty at trial or, even better, to get the charge discontinued before it even goes to trial. This is where an experienced criminal lawyer can help.

If the charge for the money that the State allege was unlawfully obtained relates to drugs (as is often the case), then it may be hard to prove there is a reasonable excuse for having such cash in your possession, especially if that amount of cash is large. At this point Tang Law’s experienced team can help to prove the truth of the situation; that you earnt or were given this money legally. This is not easily done, but it certainly can be done…and has been done!

Case Study Example

In a case that Tang Law had recently, a client of ours was found with over $5,000 cash in his possession, along with a very small amount of recreational drugs. The police charged this man with possession of the drugs and possession of the cash, which they were saying was suspected to have been obtained through illegal means.

Through lots of negotiation with the Police Prosecutor’s office, the collection of evidence in support of our client’s position, and the writing of legal submissions, we were able to separate the charges; so that the young man pleaded Guilty to having the drugs (for his own use) and the charge for the cash was dropped. This meant that we could then get the lowest possible fine for the possession drugs charge, and our client got his seized money returned to him!

If you’ve been charged with a criminal offence in Western Australia, give us a call on 9328 7525 and book your appointment today.

About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr. Ward is an experienced Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.

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Compensation for Victims of Crime

Blog & Articles, Criminal Law

If you are injured or suffer any other kind of loss due to a crime being committed by someone else, then you may be able to claim compensation.

This is also true for the families of an individual that is killed during the commission of a crime, in order to cover the expenses that they suffer after the loss of a loved one.

The Application Process

Compensation claims for injuries as a result of a crime being committed are made under the Criminal Injuries Compensation Act 2003 (WA) and any such order has a current limit of $75,000.

There is a 3 year time limit to lodge such a claim, however, in certain circumstances an extension of time may be granted.

Once an application has been submitted, the Criminal Injuries Compensation team at the Department of Justice will give your matter to a Case manager, and then a well-trained Assessor will determine the amount that you may be entitled to.

The documents that will need to be submitted on your behalf should always be prepared carefully and properly ahead of time, these may include:

  • The Application form;
  • A Statement of Events (for the crime/s that led to your suffering);
  • A Victim Impact Statement; and
  • Medical or Psychological reports that can help to substantiate your claim.

What Losses Can You Be Compensated For

As well as for the general pain and suffering that you have suffered as the direct result of a crime, you may also be entitled to compensation for the following:

  • loss of enjoyment of life
  • loss of income
  • medical or psychological treatment expenses
  • other incidental expenses (such as travel or loss/damage of property)

Proving the Crime

A crime does need to have been committed in order for an application for Criminal Injuries Compensation to be successful, but even if no one is convicted, you may still be able to get fair and reasonable compensation.

As long as the Assessor is satisfied that the offence occurred and your losses were suffered as a result of that offence, there is an avenue through which compensation can be claimed.

It is important to help the police/prosecutors to bring the culprit to justice however, so cooperation is essential if any details of the offence are required from you. A good lawyer can be a massive help to assist in communications with prosecutors on your behalf, and remember, there is extra support available through Victims of Crime; an initiative through the Western Australian State Government.

About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr. Ward is an experienced Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.

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Case Study : Criminal Charges for “Indecent Dealing”

Blog & Articles, Criminal Law

This is a real case that happened recently.

B was charged with 2 counts of ‘Indecently Dealing’ with a young, teenage girl whom he had met on the internet, pursuant to section 321(4) of the Criminal Code (WA), where it states that:

Child of or over 13 and under 16, sexual offences against

A person who indecently deals with a child is guilty of a crime and is liable to the punishment…

Sentence

For a charge of this nature, the maximum sentence prescribed by law is 7 years imprisonment.

In past cases, generally, the Courts have given sentences in the range of 2 to 5 years.    It is highly likely that B would have received a sentence of this nature, if he had been found guilty.

Allegations Made by Prosecutor

The Prosecutor alleged that B’s actions were predatory and calculated.

It became apparent to us, as B’s lawyers, that B is a shy young man and has some issues pertaining to mental health.   The factors personal to his situation had to be analysed in order to bring to light the personal issues that may have led to his offending; his upbringing, personal immaturity, issues pertaining to his mental health and the impersonal nature of the online communications that allowed for such a shy young man to connect inappropriately with a captive audience.

Sentencing Hearing

B pleaded guilty to the charges, however, the details of the allegations made by the Prosecutor were inaccurate and they were challenged at the sentencing hearing.

Expert opinions and psychiatric findings in relation to the Accused were obtained and written Sentencing Submissions were filed with the District Court of Western Australia.

Result:  B was given a suspended sentence, allowing him to remain out of prison and giving him the access to help that he really needed.   This result was more favourable than the sentences received by similar accused persons in past cases.

About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr. Ward is an experienced Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.

 

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