Special hardship orders are court-ordered permits that allow drivers convicted of drink driving offences to continue driving for certain purposes, even after they have been suspended. The order is granted on a case-by-case basis, with magistrates carefully reviewing an application and performing a cross-examination to ensure this is the right move for you. The application process involves a form where you must supply evidence and explain why the order is necessary before attending a court hearing.
Today, we explore the application process in greater detail to help you see if a special hardship order is suitable for you.
Applying for a special hardship order
Applying for a special hardship order is straightforward, but we recommend seeking legal advice to ensure it is the right step for you. An experienced lawyer can help you navigate the forms and ensure you provide the necessary evidence for a successful outcome. The process typically follows three steps outlined below:
- Check eligibility
Before applying, you need to check that you are eligible. To apply for a special hardship in QLD, you need:
- To have lost your licence due to a DUI conviction
- Have no prior criminal record
- Have not committed an offence that resulted in the loss of your license in the last five years
- Must be able to prove that losing your license will cause hardship to you or your family, including a loss of employment or inability to attend medical appointments
- Complete application
When you have determined you are eligible, you will need to complete an application form. In the form, you need to provide an explanation of your circumstances, citing how the loss of your license will impact you. The more delta you can provide here, the better, as it helps a judge determine if the order should be granted.
Alongside the application, you will need to provide evidence, including letters from medical professionals, employers, or family members that support your statement. When the application is ready, you will submit it to the Magistrates Court, where you were committed for the DUI.
- Attend hearing
Once your application is submitted, you will be required to attend a court hearing. As part of the court hearing, you will be cross-examined by the prosecutor before a magistrate determines if you meet the eligibility criteria and qualify for a special hardship order.
If you are successful, your order will come with strict conditions. Usually, these will involve only being able to drive to work or for medical appointments. The conditions can vary slightly depending on why the order was granted, and most people will need to have regular alcohol and drug testing.
Why special hardship orders are beneficial
Special hardship orders are beneficial for a few reasons, such as if you are a driver facing disqualification due to a DUI, excessive speeding, or other traffic offences. A special hardship order allows you to continue driving for certain purposes, like medical reasons or employment, while you are disqualified from driving. It allows you to receive the medical treatment you need and continue earning a living, preventing serious hardship for you or your family.
Not only does this benefit you, but it can benefit your family too. It prevents any disruption to their lives, and you don’t need to worry about them struggling financially or receiving the care they need. The special hardship order also allows you to comply with court orders and attend rehabilitation programs, as well as other commitments you might have. It is an effective way for you to continue leading a productive life and make amends for your actions.
Do I need a lawyer to apply for a special hardship order?
While a lawyer isn’t essential to apply for a special hardship order, we think it is best to have one. A lawyer, especially a drink driver lawyer, will have a comprehensive understanding of the special hardship order and its application and can help you complete it. They can use their years of experience to help prove that the order is essential for you, increasing your chances of a successful outcome.
Find your drink driver lawyer in QLD today
Before you apply for your special hardship order, we recommend seeking advice from a drunk driver lawyer who can help you with the form and answer any questions you might have. Drink Driver Lawyers in QLD have years of experience and a dedicated team that can help you with your application, increasing your chances of the order being granted. Reach out to Drink Driver Lawyers to get more details on applying for a special hardship order in QLD.
