NSW Options for leniency on license suspension

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MJ109

Member
10 April 2020
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Afternoon. Our son was travelling home from work today and was stopped for having his mobile phone in a cradle and using it as a GPS. He’s 28 and immigrated from South Africa in December. He didn’t realise that he couldn’t use the GPS function and accepts that’s his misinterpretation. The language says you cannot use our phone, which he took to mean any function other than GPS. He has his red P’s and needs the GPS because he’s new to the country and works over an hour from where we live. He does not have the fine yet, but obviously concerned because it appears his license will be suspended for 3 months because it’s 5 points and double demerits. He works shifts and this is likely to mean he will lose his job - he is still on probation and it would take over 3 hours each way to commute, which won’t work for 2 of his shifts because public transport isn’t available at that time. He’s shocked and obviously kicking himself so he has no issue with paying the fine. Any avenue for leniency on the suspension, do you think? He has no fines or any other Legal issues at all.
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Gold Coast, Queensland
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If he gets the suspension it’s automatic. There will no doubt be a mechanism by which he can apply to court for a ‘good behaviour licence’. The problem at the moment is getting a court hearing.