Gloria Perin is the founder of Perin Legal. As a Criminal/Traffic and Family Lawyer, Gloria is often asked about the suspension of licences particularly for Red P-platers. It’s a complicated area and Gloria Perin can help navigate this process.
The value of a licence
The Court regularly states to people who appear before it, “having a licence is a privilege and not an entitlement”.
The utility of a licence is never really appreciated until it is lost.
All drivers value their licence but I suggest none more so than young drivers who are provided with their ticket to “freedom”. A licence provides them with independence rather than being reliant on public transport which is more often than not unreliable and or a family member’s lift. A licence provides young people with perhaps their entry into financial independence through part-time or full-time work.
Therefore, the suspension of a licence for provisional licence holders becomes an acutely critical issue. Once suspended, the young person is once again faced to become public transport or family dependent.
Sometimes as the case story below identifies, apprentice “tradies” often find themselves working in areas where public transport is not as available, making it virtually impossible to lug equipment. The burden often then returns to a parent/family member or friend. Additionally, a financial penalty accompanies the suspension period, burdening the young person further.
Below is Sam’s story (not his real name).
Sam is a 19-year old apprentice.
Sam is a Red P-plater who had adverse entries on his traffic record, despite possessing his driver’s licence for a relatively short period of time.
Sam was detected driving at a speed of 121 km/h in a 90 zone (31 km/h over the speed limit) and was issued with an on-the-spot police suspension for a period of 3 months and a
fine. Sam paid the fine and served the time off the road.
After 3 months, the RMS issued Sam with a notice of suspension for the offence of exceeding a speed limit greater than 30 km/h for an additional 3 months to continue from the police suspension.
To continue working, Sam required a family member to transport him to his various job sites to ensure the continuity of his apprenticeship and employment.
I advised Sam that he should consider the following:
- Complete a Traffic Offenders Program
- Write an apology letter addressed to the Court
- Obtain character references from community members
- Obtain a letter from his employer outlining his need for a licence for work.
Sam completed the Traffic Offenders Program and obtained the above material.
The Court was provided with the material along with my written and verbal court submissions requesting the decision of the RMS to suspend Sam’s licence be set aside.
His Honour was persuaded by the material before him and set aside the RMA suspension, meaning he did not have to spend any further time off the road, and he was free to have his licence reinstated. The financial penalty was not appealed.
For any questions on any traffic matter as well criminal law and family law, Perin Legal welcomes your questions on (02) 8901 5059 or email: [email protected].
This is advice of a general nature, this article does not constitute legal advice and is not meant to be complete or exhaustive.
This is a sponsored post. Perin Legal are ITC Sponsors. Thank you to all our ITC Sponsors who support ITC.
What Services Does Perin Legal Provide?
Children’s Law – Care & Protection and Defence
The Children’s Court of NSW is a special court that deals with cases involving children and young people.
- The court has jurisdiction to hear and determine cases related to:
- the care and protection of children and young people aged under 18 years
- criminal offences involving people who were aged under 18 at the time of the alleged offence
- traffic cases where the defendant is not old enough to hold a driver’s licence or permit
- applications for Apprehended Violence Orders where the defendant is aged under 18
- applications for Compulsory Schooling Orders where a child or young person has not been attending school
- breaches of parole and the eligibility of children and young people for release on parole.
If your child is involved in a criminal matter, you need someone who knows the system and who will, whatever the situation, spare no effort in securing your child the best possible outcome.
Domestic Violence Applications – ADVO’s & APVO’s
In February, Gloria successfully defended AVO charges against a resident of a nursing home. Her successful representations to the Police, coupled with undeniable evidence, saw the matter dismissed from Court. The client and his daughter were spared from the rigours of a defended hearing and the associated costs for such a day.
Family Law (including Divorce Applications, Property & Parenting, Return of Children Orders)
Gloria has successfully represented Mothers, Fathers and Extended family members in Care and Protection and Family Law Matters.
Recently Gloria successfully acted for a parent in an Urgent Return of Child Order. Within a fortnight of the application having been filed at Court, the Child was safely back in the safe arms of its primary caring parent. Gloria represented the mother without the aid of a Barrister, unlike her opposition. In fact, Gloria is comfortable attends all Interim Hearings unless the circumstances of the case warrant otherwise. Gloria’s confidence rests in her immeasurable preparation for each matter.
Criminal Law & Appeals
Free Legal Case Assessment – Perin Legal
For a Free Legal Case Assessment, Click Here