Charge: Traffic infringement notice for traveling 45km over the speed limit. Car impounded immediately for 30 days. Frankston Magistrates’ Court.
Facts: The client was heading to a music festival and was running late. She was caught driving at 158km in a 110km zone. Under the hoon legislation this meant police had the power to immediately impound the vehicle for 30 days.
Results: The client was driving her mother’s car. Her mother needed the car back. We brought an application on behalf of the mother to get the car back immediately and have the impoundment fees waived.
The application was brought under section 84O of the Road Safety Act. The argument was that it would cause the applicant’s mother exceptional hardship if the car was not released.
The Magistrate accepted that this was the case with the order that the car be immediately released and the impoundment fees waived.