CASE STUDY: REMOVAL OF ‘LIFETIME’ DRIVING BANS

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Case Study

This is a real case that happened recently.

Our client ‘Mr C’ had received not 1, but 2 lifetime driving bans.

These bans run for the life of the person found guilty of driving in certain circumstances that are found to be very dangerous to the general public. Because these matters are so serious this case went straight to the District Court.

After 10 years has elapsed the person that has received the ban is eligible to have it removed, however in this case we had to apply to have 2 such bans removed at the same time!

Preparing for the Case

As Mr C’s legal representatives we took full instructions regarding all the factors that we knew to be important in proving that our client not only deserved to get his license back, but that he was not a danger to the public.

We prepared all the paperwork, including the Application, a very detailed affidavit for our client and also affidavits to attach to letters that were to provide character references in support of Mr C; including his personal and work circumstances.

One all this was done we corresponded with the lawyer that represented the Department of Transport (on the other side, against Mr C) and made sure that all questions were answered before the Court Hearing even started.

In Court

Happily for everyone involved, the Applications for the removal of both lifetime driving bans were not even opposed by the other lawyer and the judge granted the application in Mr C’s favour.

This goes to show the importance of proper preparation and making sure that no stone is left unturned when it comes to making the best case for our clients.

If you have any questions about old driving bans (lifelong bans or shorter) then contact us and we can discuss with you exactly how we can help you to get your life back on track (and back on the road).


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. With a background in the social sciences, Adam has a very keen interest in the interaction that individuals have with the Australian legal system; whether it be from facing criminal charges, battling mental health issues, trying to enforce rights through contractual claims or going through the Family Court system.