Criminal Law

There are several circumstances in which a driving licence may be suspended or disqualified, including a court-imposed suspension, a suspension resulting from an accumulation of fines, or a demerit point suspension.

Driving while suspended or disqualified is an offence that is taken very seriously by the courts, particularly where the period of suspension was imposed by the court itself.

However, there is no ‘one size fits all’ approach to licence suspension matters, and different penalties do apply in different circumstances, including in some cases mandatory cumulative disqualification periods. Whether a defence is available to you will depend on the circumstances of your case and the reason for the suspension or disqualification.

If you have been charged with a driving while suspended offence, obtaining expert legal advice is very important. This is especially the case where there have been prior convictions for drink driving or driving whilst disqualified. This is because penalties increase where there are relevant prior convictions, and can even include imprisonment.

At Frichot Lawyers, if you have been charged with a driving while suspended offence, we will advise you on whether a defence is available to you, the likelihood of imprisonment if there is a conviction, the minimum period of disqualification that can be imposed for the offence in your particular circumstances, and what the likely outcome will be for you if you are convicted of the charged offence.

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If you are charged with a drink driving offence in Western Australia, you will be issued with either an infringement notice with demerit points, or a notice to appear in the Magistrates Court, where a penalty will be imposed.

In WA, infringements are only issued where blood alcohol content (BAC) is between 0.05 and 0.079, or where the driver is on a zero limit and records a BAC of less than 0.02. In all other cases, the offender must attend court to be sentenced by a Magistrate who will issue a fine together with a term of licence disqualification. If you have recorded a BAC of 0.08 or higher, you will receive an automatic and immediate disqualification until the court deals with your matter.

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Whether it is your first drink driving offence or you have been convicted before, it is important to seek legal advice so that you are fully informed about your legal rights and options. At Frichot Lawyers we will explore every aspect of your situation, giving you a comprehensive legal pathway so that you can navigate the process with ease, obtaining the best outcome possible, even if you’re accused of a high range offence.

Our lawyers understand that losing your licence can have a devastating impact on all aspects of your life – you need your car for work, family, important appointments as well as for your basic day-to-day. That’s why we help so many just like you to get back behind the wheel as quickly as possible.

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If you have lost your licence, you may be eligible to apply for an extraordinary drivers licence (EDL). If successful, the EDL will enable you to drive in certain circumstances determined by the court. However, an extraordinary licence is only available to you in circumstances where you are under a court-imposed suspension or disqualification. You cannot apply for an extraordinary licence if:

• you are under a roadside disqualification notice
• your licence has been suspended due to unpaid fines
• your licence has been disqualified because of demerit points
• you have breached a ‘double or nothing’ good behaviour election
• your licence is disqualified in another state

In what circumstances will the court grant an extraordinary licence?

You will not be successful in your extraordinary licence application unless you can show the court that if you are unable to drive:

• you or a family member will be unable to obtain urgent medical treatment that is necessary for an existing illness, disease or disability, or
• you will lose your main source of income resulting in an unwarranted financial burden for you or your family, or
• you (or another member of your family) have no other feasible transport options for travel to and from work.

At Frichot Lawyers, we have decades of experience in applying for extraordinary licences, and will provide advice on everything you need to maximise your chances of success, as well as waiting periods and other practical, technical and procedural issues, including the likelihood of your application being successful.

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