Seeking the removal of an absolute driver's license disqualification.

Murray Torcetti Lawyers are criminal lawyers in Caboolture. We write our own case notes from recent criminal decisions for internal purposes.

However, unlike your annoying sibling, we don’t mind sharing.

Facts:

On Christmas Day the applicant with a blood alcohol reading of .167 drove after being warned by friends not to. He lost control of the vehicle, mounted the footpath, and struck a child who died as a result.

The applicant was charged with dangerous operation causing death while affected by alcohol. A sentence of 7 years with parole eligibility after 2 was imposed. After serving 2 years and 2 months the applicant was released on parole, after a year of being on parole, he made an application for the absolute disqualification to be removed.

At the time of the initial sentence, he had strong employment as a carpenter, while on parole he secured employment as a car detailer. His partner and employer had been assisting with him attending employment, however, it was causing a strain on the relationships. Affidavit materials were supplied attesting to the character of the applicant. The applicant had undertaken various courses, and the hardships suffered by the applicant not being able to hold a licence had been addressed in the materials seeking the removal of the disqualification.

After 2 years, an applicant can seek a longer or absolute license disqualification be removed s 131(10) Transport Operations (Road Use Management) Act 1995 (“TORUM”)

The deciding judge quoted Honour Judge Farr SC in Slivo v Commissioner of Police [2016] QDC 46 “a driver licence disqualification can hardly be considered a punishment for a prisoner during the period of incarceration.” Other case law about the balancing of the community expectations and the limiting nature of long and absolute disqualifications were also reviewed.

Finding: Ultimately the Court found there had not been a sufficient loss of license to weigh in the favour of the court granting the application.

Notes for practice:

• Case law about balancing of factors for and against the removal of a disqualification.
• The loss of a license while in custody may have limited weight.

Because lawyers love a good disclaimer – here is ours – It boils down to: If you need legal advice see a lawyer. Dr Google isn’t going to prescribe you meds if you are sick, Google LLB isn’t going to give you advice or information specific to your situation.

If you need legal assistance. See a lawyer. We are lawyers, you can absolutely call us on 07 5414 4209. Criminal law is what we do and a reason we publish these notes…

You might not read it, but we will rely on it if you try and sue us (smug face).