Successful exceptional circumstances licence appeal

Astor Legal were recently able to achieve a successful exceptional circumstances licence appeal for a client who was a 42-year-old bus driver.

He was stopped by police and issued with an immediate police suspension for 6 months for exceeding the speed limit by more than 45km. The client filed an immediate police suspension licence appeal and came to us for advice.

We explained the exceptional circumstances test to the client and began assessing his circumstances to see how we could satisfy the test.

In this case, we focussed on a combination of factors being our client’s need for a licence as a bus driver, that he was required to pay child support and his estranged wife and child would suffer if he remained suspended, that he had a home loan which ne needed to repay, that his children had special needs and he was required to transport them and that he lived in a semi-rural area.

Our lawyers assisted the client in preparing subjective material which provided evidence of the factors which we relied on to satisfy the exceptional circumstances test.

At Court we made lengthy submissions. Despite strong opposition from the prosecution and initial reluctance from the Magistrate, we were able to persuade His Honour to allow the appeal.

As such, our client is able to drive again and the immediate police suspension was revoked.