The Court: Dandenong Magistrates Court
The Lawyer: Daniel Walsh
The Charges:
- Infringements for Excessive Speed
The Allegations:
Our client worked as a mechanic doing roadworthy certifications for VicRoads. His licence was critical to his employment, as he would be unable to test drive the vehicles if he were unable to work. So, when he received notice from VicRoads that his licence was being suspended for 12 months, he needed immediate help to rectify the situation.
Our client had sold a car some months ago but was still owed money for the vehicle. Thus, whilst he had the transfer of registration, he did not lodge it as he thought holding out on that could help him secure payment.
Unfortunately, this led to the new driver of the vehicle incurring an excessive number of speeding tickets and other infringements. Our client was on top of these, though, and nominated what he thought was all of them.
However, somehow, it appears that three were missed. These three were also the most significant, with one attracting an automatic suspension of his licence and the other two demerit points. It was due to these three that our client received the letter from VicRoads informing him of the loss of his licence.
At Court:
This was a matter that required quick action, not only because our client’s license would remain suspended until the issue was resolved but also because certain legal avenues would close quickly.
With infringement matters, there are strict timelines, particularly for excessive speed infringements, which are the ones that attract an automatic suspension. Since the 28-day period had elapsed, our client was unable to nominate the driver of the vehicle. However, thanks to creative legal thinking by our solicitor, we were able to establish that he had only just become aware of the infringements, allowing us to make an application to the court to reopen and extend the time for our client to nominate the other driver.
This application had to be lodged within 14 days of our client becoming aware of the issue. Although the letter was dated three weeks before his visit, he had just returned from holiday and had not opened his mail until recently. Within 48 hours, we were able to identify all unpaid infringements that occurred in the other vehicle and lodge an application for those that would attract demerit points or result in suspension.
The Outcome:
In court, our solicitor successfully proved that the client had only recently become aware of these outstanding matters and did not have the vehicle; therefore, he should be given time to nominate the infringements. The Magistrate agreed and gave our client an additional 28 days to nominate the driver for the outstanding infringements.
This was an excellent result, given that our client would not be able to work if he were unable to regain his licence.
This result was the product of creative thinking and quick problem-solving, which identified what needed to be demonstrated to the court to achieve the desired outcome. It is also evident that seeking immediate legal advice upon becoming aware of unpaid infringements is crucial, as strict time limits apply. Had our client waited longer, the process would have been much lengthier and more difficult to reopen the matters.
