CASE LAW - Potestio v Superintendent of Motor Vehicles
Frank Potestio added four hazardous moving violations and one fail to wear seatbelt violation to his driving record between August 29, 2009 to May 9, 2011. He was sent a warning letter on June 19, 2011. Mr. Potestio committed two further driving offences on February 2, 2012 and was sent a letter placing him on probation for six months effective March 8, 2012. On January 16, 2013, Mr. Potestio committed a further offence of speeding. On March 5, 2013, the Superintendent sent Mr. Potestio a notice of prohibition for a period of three months.
This case details a judicial review of the prohibition on the following grounds:
1. The Superintendent failed to meet the standard of procedural fairness by failing to give adequate notice of the process and undermined Mr. Potestio’s ability to meet the case against him;
2. The Superintendent improperly exercised his discretion by failing to consider all relevant factors; and
3. The length of the prohibition is unreasonable in all of the circumstances.
Mr. Potestio was unsuccessful in having the prohibition cancelled.