Do I Qualify For A Special Hardship Order?

Do I Qualify For A Special Hardship Order?

When you have a drink driving charge and need to go to court, it can be an intimidating and overwhelming experience. Depending on your circumstances, getting legal support isn’t always viable. Despite this feeling of helplessness, there is a way out: lots of people are successfully granted special hardship orders in the courts each year – enabling them to keep their licence. Here’s all you need to know about special hardship orders – Are you eligible? Read on and find out!

What Is A Special Hardship Order?

A special hardship order is a type of court order that may be granted to individuals who have been charged with a DUI offence in certain circumstances. This order allows individuals to continue driving for limited purposes, such as attending work or medical appointments, despite having their driver’s licence suspended. It is important to note that a special hardship order is only granted under certain conditions and is not available to all individuals charged with a DUI offence. To be eligible for a special hardship order, an individual must demonstrate that the loss of their driver’s licence would cause them or their family exceptional and undue hardship. This can include the loss of a job, difficulty accessing necessary medical treatment, or other significant negative impacts on their daily life. It is also important to note that a special hardship order is not a guarantee and is subject to the discretion of the court. To be successful in obtaining a special hardship order, individuals must provide compelling evidence and legal arguments to support their case.

Eligibility Criteria For Hardship Order

In Queensland, individuals who have been convicted of a DUI offence can apply for a special hardship order (SHO) to be allowed to drive during their licence suspension period. As mentioned, to be eligible for an SHO, the individual must demonstrate that not being able to drive would cause severe and unusual hardship to themselves or their family. Examples of severe and unusual hardship may include the loss of employment, the inability to provide for dependents, or severe medical conditions that require transportation to medical appointments. The applicant must also have a good driving record and cannot have previously received an SHO within the past five years. The application for an SHO must be made to the Magistrates Court within 21 days from the date of the suspension of their licence. The court will then take into consideration all the factors presented by the applicant before deciding whether to grant or refuse the order.

Should I Seek Legal Advice When Applying For A Special Hardship Order?

If you are considering applying for a Special Hardship Order (SHO) in Queensland due to a driving-related offence such as a DUI, you may be wondering whether seeking legal advice is necessary. In most cases, it is strongly advisable to consult with a lawyer before submitting a SHO application. A legal professional with experience in traffic law will be able to assess your situation and provide guidance on the strength of your application, potential outcomes, and any risks or consequences that you may face. Additionally, a lawyer can help you navigate the complex legal processes involved in SHO applications, which can help ensure that your application is submitted correctly and on time. Taking the time to seek legal advice may prove to be invaluable in ultimately securing an SHO and restoring your ability to drive.

Who Is Not Eligible For A Special Hardship Order?

A Special Hardship Order (SHO) is a court-approved licence that allows a driver who has been disqualified from driving due to a DUI offence to drive a specific class of vehicle for work purposes only. However, not every driver is eligible for a SHO. Drivers who have committed certain offences such as repeat DUI offences, driving over certain speed limits or under the influence of drugs, driving a heavy vehicle or a vehicle requiring a Special Purpose License, or committing an offence resulting in death or grievous bodily harm are typically not eligible for an SHO. Additionally, a driver who has previously been disqualified from driving while holding a probationary or restricted licence may not be eligible. It is important to note that an SHO is not a guaranteed option for drivers who have been disqualified, and each case is evaluated based on its own individual circumstances.

Is There Any Difference Between A Special Hardship Order and A Work Licence?

In Queensland, drivers who are facing disqualification from their licence may have two options available to them: a special hardship order or a work licence. While both options may allow a driver to continue driving under certain conditions, there are key differences between the two. A special hardship order allows a driver to continue driving for specific reasons, such as work or medical appointments. However, it comes with many restrictions and can only be granted once in a five-year period. On the other hand, a work licence allows a driver to continue driving for the sole purpose of work-related tasks. While a work licence may have fewer restrictions compared to a special hardship order, it is important to note that a driver must meet specific requirements and not all professions may be eligible for a work licence. Overall, it is important for drivers to seek legal advice and understand the differences between a special hardship order and a work licence before deciding on which option to pursue.

Conclusion

In conclusion, a special hardship order in Queensland can provide relief for certain traffic offenders, but it is important to understand the eligibility requirements and process for obtaining this order. If you have been charged with drinking and driving or any other traffic offence, then make sure you speak with an experienced DUI lawyer such as our skilled team at Drink Driver Lawyer who can help you advocate for yourself and shield you from the difficult legal repercussions that come with such charges.