28.02.14
How do I appeal against a Licence Suspension? Driving Licence Appeals
How to appeal against a driver’s licence suspension?
Are you facing the possibility of a loss of income because of an impending licence suspension? Don’t let it get to that stage. Make an application for a driving licence appeal.
Did you know you can appeal a licence suspension?
You have a right of appeal against an RMS decision to suspend you license if:
- You exceed the speed limit by 30 km/hr (3 months suspension)
- You exceed the speed limit by 45 km/hr (6 months suspension)
- Exceed your demerit point limit if you are a Learner or Provisional driver.
You will need to lodge an appeal with a NSW Local Court within 28 days of the date of the Notice of Suspension. Once the 28 days lapses the court will have no power to hear the appeal and the suspension stands.
What will the court consider in my driving licence appeal?
The court will consider a number of factors before determining whether to allow the appeal or reduce the suspension. These reasons include:
- your need for a licence for work and family reasons,
- extenuating circumstance relating to the commission of the traffic offences,
- your traffic history and
- if you are a person of good character.
In order to support your case, it is important to prepare and obtain character references, letters of employment, medical certificates, and affidavits to have the best chance of obtaining the best result.
If you are unsuccessful in your licence appeal, you cannot appeal the decision of the magistrate.
The decision is final.
For more information, or to see case studies where we have appeared for previous clients, go to:
https://lylawyers.com.au/criminal-law/traffic-offences/licence-appeals-speeding-offences/
https://lylawyers.com.au/criminal-law/traffic-offences/licence-appeals-demerit-points/
Should you wish to speak to one of our experienced traffic lawyers about a possible licence appeal, call LY Lawyers on 1300 595 299 for a free consultation at one of our Sydney offices.
