Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 9 January 2016.
John is in his final year of high school. He recently obtained his P1 provisional drivers licence and has begun driving the 30 minute trip from home to school.
One morning, on the way to school, John is recorded by a speed camera, doing 10 km per hour over the speed limit.
John soon receives notification that he has incurred four demerit points and that his licence will be suspended.
John is concerned that he will now have great difficulty attending his upcoming exams and participating in extracurricular activities. He is also aware that his parents will now need to take time off work to transport him.
John’s parents, consult a solicitor who informs them that it is possible to apply to the local court, by way of a licence appeal, to have John’s licence reinstated.
This application is discretionary in nature and involves a solicitor presenting the magistrate with information regarding the driver’s traffic record, the circumstances of the offence and the drivers need for a licence.
The solicitor recommends that for John to have the best chance of invoking the magistrate’s discretion, that he should attend the traffic offender’s intervention programme. The program consists of attending six weekly sessions, each of two hours in duration.
John decides to attend the program and his solicitor is instructed to lodge the appeal, which is done within the 28 day period.
A court date is set, coinciding with John’s completion of the traffic offenders programme.
John finds the program to be a confronting but valuable experience.
The solicitor also recommends that John obtains character references which fortunately for John, includes a testimonial from his school principal, to the effect that the speeding offence was out of character.
When John’s appeal is heard in the local court, the magistrate reiterates the importance of obeying the speed limit, but in the circumstances, gives John a second chance and grants the appeal.
