MAGISTRATES COURT OF QUEENSLAND

Registry: Brisbane
Number: M1234 of 2013

IN THE MATTER OF
Section 87 of the Transport Operations
 (Road Use Management) Act 1995

 

AFFIDAVIT OF CHLOE JANETSKI

CHLOE JANETSKI of 387 Logan Road, Runcorn 4113 in the State of Queensland, Director of Haven Leisure Homes, states on oath:

  1. I am the applicant in this matter.
  2. I am 27 years of age and have recently moved away from my family in Bundaberg to Brisbane to study and pursue job opportunities.
  3. I am currently living in a rental property at Runcorn with two other housemates.
  4. Living away from all my family means I am wholly dependent on my ability to drive for work purposes in order to maintain an income.
  5. I am the holder of Queensland drive licence number 67891234 (Type O, Class C), which expires on 1 September 2014. Exhibit CH1 is a copy of my licence.
  6. I work as a self-employed mobile beautician, which requires me to drive from client to client, as I provide a mobile service to all my clients. I work 6 days a week, starting appointments at 8am and finished at about 5pm each day. Being a mobile beautician my work requires me to travel to the homes of my clients and provide services to them in their own homes.
  7. Most of my clients are residents of Haven Leisure Homes, which is a group of nursing homes located in the suburbs of Brisbane. I visit three of these homes each week, travelling to them by car every Monday, Wednesday and Friday and working there from 9am – 4pm.
  8. I rely on my car to travel to each client as I have to transport a large amount of equipment and supplies with me and this includes two large suitcases stocked with the necessary items such as make-up, polishes, brushes and hair supplies.
  9. I have spoken to the director of Haven Leisure Homes whom I arrange all my appointments at the nursing homes through. He has said that as valuable as I am to them and how much both him and the residents of the nursing homes appreciate the work I do, if I did not have a licence and ability to drive to the homes I would not be able to service my clients there. This is due to the fact that most of the residents are quite elderly and no longer drive and the nursing homes do not have any means to transport the residents to my residence for me to provide services there. As most of my income is generated by my work at Haven Leisure Homes I am reliant upon the business from my clients there to support myself.
  10. I also need my licence to service my other clients who are located throughout Brisbane and due to the nature of my work the times I need to be at each client’s residence changes on a weekly basis, so it would be impossible for me to rely on any form of public transport to service them. It would also be impossible to catch public transport due to the amount of supplies I carry with me to each appointment.
  11. So that I can do my job, I would need a licence to be able to leave home at about 8am each day and arrive home at about 6pm each night. I would require this licence for Mondays through to Saturdays.
  12. I was caught drink driving on my way home from a night out with friends. I had organized for a friend to drive my friends and I home; however she cancelled on us so I became the driver for the group. I was extremely sensible in my drinking, having only three wines over a two hour period, which I believed would put my under the limit and in a position to safely drive home. I made sure I stuck to this limit so I would be ok to legally drive home.
  13. I regret having driving while being over the legal limit and am extremely remorseful for my actions. I would never knowingly drink drive and am absolutely horrified by the charge. I believed the amount I had to drink would be ok, but accept that a reading of .06 is wrong and I should not have been on the road that night. I have always had a personal policy of never driving when drinking, however due to my friend cancelling was left in the wrong circumstance that night. I have no previous convictions of any kind and a clean traffic history. Exhibit CH2 is a copy of my traffic history, which I obtained from the Department of Transport and Main Roads.
  14. I regret having driving while being over the legal limit and am extremely remorseful for my actions. I would never knowingly drink drive and am absolutely horrified by the charge. I believed the amount I had to drink would be ok, but accept that a reading of .06 is wrong and I should not have been on the road that night. I have always had a personal policy of never driving when drinking, however due to my friend cancelling was left in the wrong circumstance that night. I have no previous convictions of any kind and a clean traffic history. Exhibit CH2 is a copy of my traffic history, which I obtained from the Department of Transport and Main Roads.
  15. I cannot emphasise enough how remorseful I am for my actions and should the court grant my application I will ensure that I use my licence only for the stated purpose and do not consume any alcohol where there is any possibility I may have to drive.
  16. If the court refuses my application for a restricted licence I would be unable to service my clients at Haven Leisure Homes, as well as all my other regular clients. This would cause extreme hardship to me and without this income I would not be able to afford to live in Brisbane any longer and would have to put my study plans on hold and return home to my family in Bundaberg.
  17. All the facts and circumstances above deposed to are within my own knowledge save such as are deposed to from information only and my means of knowledge and sources of information appear on the face of this my affidavit.

Sworn by Chloe Janetski on the 17th Day of June 2013, at Paper & Pixels, Suite 2, Level 7, Corporate Centre 2, Corporate Court, Bundall QLD 4217 in the presence of:

 

Deponent                                                                                Solicitor
AFFIDAVIT OF CHLOE JANETSKI                                         Jesse Inns

Who certifies that the affidavit was read in the presence of the deponent who seemed to understand it, and signified that that person made the affidavit. 

 

Filed on behalf of the Applicant
Form 46 Rule 431