Application to confiscate car dismissed

Application to confiscate car dismissed

POLICE have had their application to confiscate a woman’s car after she pleaded guilty to breaching her extraordinary driver’s licence dismissed.

Magistrate Jennifer Hawkins said it was the first time she had seen this type of application for someone breaching their E plates, which at the time only resulted in a $100 fine.

When Rosemary Allyn Rangipoahoaho Terry appeared in Joondalup Magistrate’s Court in September, Ms Hawkins put off the matter so the prosecution could prove the application was allowed.

Ms Terry returned on Friday where the court was told the application could be made.

In opposition, duty lawyer Frances Allam argued Ms Terry was a single mum of four children aged 13, five, three and 16 months and she could not afford to buy another car.

She said Ms Terry needed a car because she worked nightshifts at the airport and not having a vehicle would “put her under financial and physical hardship”.

The court also heard that at the time of the breach, Ms Terry’s extraordinary licence was not cancelled and she now had her full driver’s licence back.

“This is a very unusual application – the first of a kind that I’ve seen,” Ms Hawkins said.

She acknowledged the “severe financial circumstances” Ms Terry was facing and dismissed the application with a warning to Ms Terry to “be more mindful of what can happen”.

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