Driver’s licence disqualification
If losing your driver’s licence has turned your life upside down, we can help
Instant loss of licence (ILOL) can have a big impact if you rely on being able to drive, for example, as part of your job or getting your family from A to B. If it happens to you, it’s worth getting legal advice about the ILOL, and whether you can appeal a licence disqualification.
We’re Adelaide traffic lawyers with an excellent reputation for helping clients resolve driver’s licence disqualification issues. Some of our traffic law cases have changed South Australian laws and police procedures, especially in the areas of speeding and mobile phone use. We’ve focused much of our work on traffic law issues, so we’ve earned our expert status.
Having some knowledge is an excellent starting point for every client, so here’s some important information about driver’s licence disqualification laws in South Australia.
Get in touch to find out more about our services.
Frequently asked questions about driver’s licence disqualification laws in South Australia
What is an immediate licence disqualification?
Immediate licence disqualification is also known as instant loss of licence (ILOL).
In South Australia, the police can issue an ILOL notice for certain offences when they “reasonably suspect” that a driver has committed an offence. The offence must be serious enough to lead to a mandatory licence disqualification if the driver were to be found guilty of the offence.
The ILOL remains until either:
- It expires; or
- A Magistrate orders that it be lifted, which is rare.
If you’re caught driving when there’s an ILOL in place, you’ll be charged with driving while disqualified.
In criminal and traffic law, usually you’re presumed innocent until proven guilty. You are only required to serve the penalty or sentence after a finding of guilt.
However, ILOL is different.
As the driver, you would start serving the penalty for an alleged offence before you’re found guilty. If the charge is finalised during or after the ILOL has ended, the Magistrate will take into account the time served on the ILOL when working out the mandatory minimum licence disqualification.
Can I appeal or overturn the ILOL?
If there’s an ILOL against you, you can apply to the Magistrates’ Court to set it aside. South Australian laws allow ILOLs to be set aside when:
- There are exceptional circumstances, and
- You won’t pose a risk to other people if it’s set aside.
If you apply to set aside the ILOL, you must go to Court and give evidence in support of these requirements.
However, you must also understand that even if a Magistrate sets aside the ILOL, you can continue driving only until the charge is finalised. So, if the Magistrate eventually finds you guilty of the charge, your licence will be disqualified (less any time served on the ILOL).
Can I appeal other driver’s licence disqualifications?
Yes. There may be an option to avoid a licence disqualification and keep your licence. This is possible even if you have too many demerit points.
The options depend on:
- The type of licence that you hold; and
- The type of offence (or offences) involved.
If you’re worried about driver’s licence disqualification, contact us to find out how we can help.
Is there a good behaviour option to avoid driver’s licence disqualification?
If you have a full South Australian driver’s licence and incur 12 or more demerit points, you’ll receive a licence disqualification notice from the Registrar of Motor Vehicles.
If you otherwise hold a valid licence, you can choose to enter into a “good behaviour agreement,” but you must be eligible. The disqualification notice will tell you if you’re eligible and how to sign the agreement.
The good behaviour agreement requires you to avoid incurring two or more demerit points in 12 months. If you can do this, your full licence is returned with all demerit points wiped.
However, there is a risk with choosing the good behaviour option. If you breach it (by incurring two or more demerit points in 12 months):
- You will be disqualified for double the time of the original disqualification, and
- There are no further options to appeal your driver’s licence disqualification.
You don’t need a lawyer to enter a good behaviour option; you can sign your agreement at Service SA. However, if you receive further expiation notices (fines) during the good behaviour period, you must get legal advice before you pay them.
As experienced traffic lawyers, we can advise you of your options to avoid breaching the good behaviour option. Contact us to find out how we can help.
Can provisional or probationary drivers appeal a licence disqualification?
Provisional licence holders are also known as “P-platers”. Probationary licence holders are usually returning to driving after disqualification. Both provisional and probationary drivers must obey special requirements and restrictions.
If you wish to avoid a licence disqualification for incurring demerit points or breaching a licence condition, your options will depend on which licence you hold.
1. Safer Driver Agreement
A Safer Driver Agreement (SDA) is only available to provisional licence holders, who must not incur more than three demerit points.
If you go over this limit or breach another licence condition, your licence will be disqualified for six months.
In most circumstances, as a P-plater, you can choose to enter a SDA, which means you return to the beginning of whatever level you were on (P1 or P2). You must not incur more than three demerit points.
If you breach the SDA, your licence will be disqualified for 12 months and you have no further appeal rights.
2. Magistrates Court appeal
A Magistrates Court appeal is an option if you:
- Hold a provisional licence (a P-plater), and you aren’t eligible for an SDA, or
- Hold a probationary licence.
You will need to satisfy a Magistrate of two things:
- You’ll suffer “severe and unusual hardship” without a driver’s licence, and
- You don’t pose a risk to other road users.
Also, you’ll have to go to Court and give evidence in support of these requirements.
If your appeal is successful, you’ll return to the beginning of whatever stage of your licence you were on at the time of the breach. However, if your appeal is successful but you breach your licence conditions again, you have no further appeal rights.
Do I need a lawyer to appeal my driver’s licence disqualification?
No. You don’t need a lawyer to enter the good behaviour option or Safer Driver Agreement (SDA). The disqualification notice will let you know if you’re eligible.
If you’re eligible, you complete the form and lodge it with Service SA.
You may need a lawyer for a Magistrates Court appeal.
How we can help
We deeply understand South Australian traffic laws and case law. We know when a Magistrate is likely to accept “proper cause” to reduce demerit points, and we know what evidence is required. We’re experts at developing submissions supporting our clients’ applications. It’s what we do best.
When you seek our legal help, we’ll discuss the risks and benefits of appealing against driver’s licence disqualifications or ILOL. We want you to feel confident in making informed legal decisions.
And we know that the combination of our knowledge and experience significantly reduces the risk of an unsuccessful application.
Get in touch to learn how we can help you navigate a driver’s licence disqualification.