Talk to Phil Mitchell about arranging a Wellington Limited Licence
If you have lost your licence but need to drive in order to work or take care of your family, you may be entitled to a Limited Licence.
Each case is different – but to ensure you get the best advice possible, Phil offers a free initial consultation. He can then provide a simple and affordable service by which you can obtain your Limited Licence.
Get back on the road – enquire about a Limited Licence
Please read the FAQ below to find out more, read about how Phil can act as your Criminal Lawyer or Employment Lawyer, or simply call Phil on (04) 4997378.
Faq’s about Limited Licences
What is a Limited Licence?
Whether you have had your licence suspended for three months due to excess demerit points, or your have been disqualified by a judge following a court appearance, you may be entitled to apply for a Limited Licence. According to the law, a Limited Licence is available to avoid you suffering extreme hardship, or others (such as people who depend on you) suffering undue hardship.
For most people, losing their job because they could not drive would cause them ‘extreme hardship’; and thus being unable to meet their financial commitments, and that’s the basis on which most applications are made.
However, Phil has obtained a Limited Licence in the past to enable an elderly client to care for her husband (i.e. drive him to the doctor and do the grocery shopping) and a mother to be able to drop off her pre-schoolers to a kindergarten in the winter.
What is the process?
First you will meet, or speak with Phil over the phone. After obtaining the information required, he will draft a court application, draft court order, and affidavits (sworn statements) in support of your application. This will usually involve Phil also speaking to your employer or other person who can verify the basis upon which the application is being made.
All of this is faxed to the police and he will negotiate the final terms of the licence with them. Once an agreement is reached, the application is filed with the court. The court charge $153 to file an application if you have been disqualified – there is no charge for a demerit point suspension. (Please note, this is not part of Phil’s fee – it is paid directly to the court, and once paid it is non-refundable.)
Do I have to appear in court?
Yes – but it is a quick and easy process. You don’t have to stand in the dock, and you won’t have to speak – Phil will speak to the judge on your behalf.
He will advise you of the court hearing date – (Thursdays in Wellington District Court; Tuesday or Thursday in Lower Hutt District Court; Porirua and Upper Hutt have different days). You will need to appear at court for the application to be heard. This usually takes around fifteen minutes to half an hour.
What happens after the court has made the order?
After the order is made, the court provides you with a court order that entitles you to immediately obtain your Limited Licence. You take the order to the Automobile Association who type up your Limited Licence (this costs $45).
What else will I need?
You will need to purchase a logbook in which you must very carefully keep details of each trip you undertake – including time, date, place, reason for journey, registration plate of the vehicle you are driving and odometer reading.
The order will state that you will at all times whilst driving the authorised vehicle, carry a logbook in which you will, prior to undertaking any and each journey, record, clearly in English, the date and time of journey, point of departure, odometer reading at point of departure, destination and reason for journey.
How much will this cost?
Phil has competitive rates that will match or better other Lawyers offering to provide Limited Licences. These rates vary depending on the circumstances of each application, so call now to discuss.
What if I change my mind in relation to the Limited Licence application?
If you change your mind prior to filing the application, the court-filing fee of $153 will be refunded to you. Work that Phil has done up until that point will be charged at an hourly rate. If the application has been filed, the court will not refund filing the fee.
Can anyone apply for a Limited Licence?
No. The law says that if you have been disqualified from driving (i.e. been convicted and disqualified in a court – not be confused with licence suspension through demerit points) – within the last five years, you cannot apply for a Limited Licence. Nor can people who are indefinitely disqualified (pursuant to s65 Land Transport Act 1998). Other people who can’t apply are those who drive in a transport service, or those who have breached the terms of an existing Limited Licence.
Can you represent me if I am charged with a traffic offence where I will probably lose my licence?
Yes. Phil is an experienced court advocate, and regularly appears in cases before a judge and jury in the District and High Courts.
If you wish for Phil to appear for you at your initial court appearance (if you are charged with drink driving or another driving offence that will likely result in disqualification) his fee will be charged on an hourly basis. Call Phil to discuss.
In being properly represented at court, you will not have to wait all day (as you often will if you see a duty solicitor) and with effective representation the fine will usually be lower than a judge would normally impose. This is done through presenting a properly prepared plea in mitigation on your behalf. You can read more about Phil’s criminal law services here